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Can I evict my relatives from inherited property

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Anatoli


Arresto Menor
My mother died in 2009 and her share of a piece of land was transferred to me. My father, living, also decided to transfer the property to me. However, my uncle and his family was alowed to live on this property for the last three decades. In the 1980's my mother sold half of the property to my uncle in which he paid 50000 pesos. My father did not agree to this since it was conjugal property. They did not return the money and it had been the subject of their quarells ever since. Now that i have the title transferred to me in 2014', I am unable to evict my uncle and his children from the property since they claimed it,to,have been sold to them. Was there a sale? Can I evict them? How? Thank you!

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Lunkan


Reclusion Perpetua
Anatoli wrote:My mother died in 2009 and her share of a piece of land was transferred to me. My father, living, also decided to transfer the property to me. However, my uncle and his family was alowed to live on this property for the last three decades. In the 1980's my mother sold half of the property to my uncle in which he paid 50000 pesos. My father did not agree to this since it was conjugal property. They did not return the money and it had been the subject of their quarells ever since. Now that i have the title transferred to me in 2014',  I am unable to evict my uncle and his children from the property since they claimed it,to,have been sold to them. Was there a sale? Can I evict them? How?  Thank you!
Well. I don't know if there are any legal possibility to evict them,
BUT why is the uncle's half discussed at all??? As you say, he paid it and DIDN'T got the money back in the 1980s...
50 000 was worth much more back then than now, so I suppouse that was a corect price.

It's remarkable your mother sold it AND her half is transfered to you anyway.

To make it CORECT, you hand over your uncle's half at DOCUMENT too...
Fair parts of the property tax since your mother sold it to him, need to be adjusted though. Plus your uncle pay the costs needed to split the property, which I suppouse the uncle would have paid if he had got his part proper direct.
OR you own it together to reduce the costs, BUT because of the excisting dispute, it's big risk it will go on if you don't split it proper.

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RaYoNanGie


Arresto Menor
Hi,
Just a quick background po. Parcel of land is hindi pa nababayaran sa NHA na na-award to us as relocation. Ang name ng owner sa documents ng NHA ay name ko, ng nanay ko, kapatid kong lalaki at ng tatay ko. Illigitemate kami and my father has legal wife and children. Nung nagdecide kami na asikasuhin na ang babayaran sa NHA binenta ng half-sister ko ang lupa ng tatay ko. May special power of attorney, my pirma din ng tatay ko pero hindi talaga alam ng tatay ko na may deed of absolute sale. The original documents ng lupa ay nakuha nya din ng hindi namin alam. Ang tanong ko po ay kaya po bang ipa-null and void and deed of absolute sale? Dahil forged ang pirma ng tatay ko sa mga documents na pinakita ng half sister ko sa buyer tulad ng special power of attorney? May karapatan po ba kami sa property kahit illigitemate dahil kami ang naka declare na beneficiary sa NHA? May karapatan po ba syang ibenta ang lupa dahil legitimate child sya? Hindi po notarized ang mga documents ng deed of absolute sale, is it valid? And lastly is the deed of absolute sale po ba ay valid when in the first place according to NHA they don't allow na magkaroon ng bentahan sa mga lupa na provided nila.

Maraming Salamat Po!

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Lunkan


Reclusion Perpetua
RaYoNanGie wrote:Hi,
Just a quick background po. Parcel of land is hindi pa nababayaran sa NHA na na-award to us as relocation. Ang name ng owner sa documents ng NHA ay name ko, ng nanay ko, kapatid kong lalaki at ng tatay ko. Illigitemate kami and my father has legal wife and children. Nung nagdecide kami na asikasuhin na ang babayaran sa NHA binenta ng half-sister ko ang lupa ng tatay ko. May special power of attorney, my pirma din ng tatay ko pero hindi talaga alam ng tatay ko na may deed of absolute sale. The original documents ng lupa ay nakuha nya din ng hindi namin alam. Ang tanong ko po ay kaya po bang ipa-null and void and deed of absolute sale? Dahil forged ang pirma ng tatay ko sa mga documents na pinakita ng half sister ko sa buyer tulad ng special power of attorney? May karapatan po ba kami sa property kahit illigitemate dahil kami ang naka declare na beneficiary sa NHA? May karapatan po ba syang ibenta ang lupa dahil legitimate child sya? Hindi po notarized ang mga documents ng deed of absolute sale, is it valid? And lastly is the deed of absolute sale po ba ay valid when in the first place according to NHA they don't allow na magkaroon ng bentahan sa mga lupa na provided nila.

Maraming Salamat Po!
(My Tagalog is bad so I understood only some of your text.)

ALL owners have to agree to sell, or give right to someone to handle the selling. Both have to be in writing.

I hope that answer your questions Smile

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RaYoNanGie


Arresto Menor
Hi let me try to translate it in English. Hope that the situation be easier to understand. Thanks!

RaYoNanGie wrote:
Hi,
Just a quick background. Parcel of land is not paid yet with National Housing Authority, a government agency that provided the land as a relocation when our home was demolished. The owner in the document is my dad. And the beneficiary is me and my brother only. My brother and I are illegitimate, my father has a legal wife and children. When my dad and I finally decided to pay the mortgage bit by bit, we found out that my half-sister (legitimate child) sold the property. She manage to provide special power of attorney complete with my dad's signature and 2 valid ID's in the deed of absolute sale. She also has the original documents of the land.

Is the deed of absolute sale valid if my dad's signature was forged on the special power of attorney?

Do we have rights on the property despite being illegitimate as we (brother and I) were declared sole beneficiary of the parcel of land on the documents?

Deed of absolute sale and SPA was not notarized, is it valid?

Maraming Salamat Po!

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Lunkan


Reclusion Perpetua
RaYoNanGie wrote: When my dad and I finally decided to pay the mortgage bit by bit, we found out that my half-sister (legitimate child) sold the property. She manage to provide special power of attorney complete with my dad's signature and 2 valid ID's in the deed of absolute sale. She also has the original documents of the land.

Is the deed of absolute sale valid if my dad's signature was forged on the special power of attorney?
Of course not valid if the signature is forged,
Left to see if you can prove that
OR make the sister agree to something ok for you to avoid the risk she will end up in jail.
Are you sure it's forged or can it be something your father just say?
RaYoNanGie wrote: Do we have rights on the property despite being illegitimate as we (brother and I) were declared sole beneficiary of the parcel of land on the documents?
I believe such CAN'T be done like that,
because llegitimate child have only right to HALF as much as a legitimate child in inheritance.
A part can be moved different by a WILL. How much the max is depend of situation, but often max 1 / 4 of the value of total assets.

It would have been better if you have been made part owner BEFORE you started paying the mortgage. I don't know what chance you have repair that afterwards. Can you PROVE you have paid much?
RaYoNanGie wrote: Deed of absolute sale and SPA was not notarized, is it valid?
I don't know.

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