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Legal Rights

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1 Legal Rights on Sun Feb 13, 2011 8:39 pm

patch


Arresto Menor
Good day Atty. May tanong lang po ako tungkol sa karapatan ng mga involved parties over a property. Ganito po yun situation.

A parcel of land is registered under "J.C. married to L.P" containing an area of 120SQM.

Patay napo si J.C. at may dalawang anak sya kay L.P. pero hindi sila kasal. Ang unang anak ay si B.C at pangalawa si M.C.


Patay narin po si M.C., ang buhay nalang ay si B.C.
Si M.C. ay may asawa at may hawak siya na Deed of Absolute Sale na nakasaad doon na binili ni M.C sa kanyang tatay na si J.C. ang 40SQM ng lupa na iyon, at may adverse claim na sila sa Reg of Deeds.

Naibenta napo ang lupa, at gusto lang ibigay ni L.P. sa asawa ni M.C ay 25% lang ng bentahan.


Here are the questions po:

1. Since hindi kasal sina J.C. at L.P. pero nakaregister sa Title is "married to L.P.", may rights po ba si L.P. dun? Si L.P. ay nagpakasal sa ibang lalaki at nagkaron ng anak habang buhay pa si J.C.

2. Valid po ba ang Deed of Sale na hawak ng asawa ni M.C na nagsasaad na nabili nila ang 40SQM at pirmado ni J.C and notarized?

3. Aside from the 40SQM, may natitira pang 80SQM, ano pa po ang rights ng asawa ni M.C. dun, since may mana pa si M.C sa kanyang tatay.


Maraming salamat po Atty! and more Power!

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2 Re: Legal Rights on Mon Feb 14, 2011 6:12 pm

attyLLL


moderator
has the estate of JP been settled? were estate taxes paid already?


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3 Re: Legal Rights on Tue Feb 15, 2011 5:37 am

patch


Arresto Menor
as far as i know it has already been sold and its in the process of clearance for cancelation.

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4 Re: Legal Rights on Wed Feb 16, 2011 5:53 pm

attyLLL


moderator
you should first research how or if the estate was settled.

to my mind, LP is not entitled to anything, if she is not the wife. the family of MC is entitled to half, with the other half going to the family of BC.

if there was an extrajudicial settlement of estate, then look at the statements made, whether LP is stated to be an heir. if she signed it as a wife, she can be made liable for falsification


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5 Re: Legal Rights on Sat Feb 19, 2011 1:09 am

patch


Arresto Menor
no settlement has been done atty. in fact, ibinenta ni LP ang whole property still under the name of JC, including the 40SQM na binili ni MC before. the property has not been subdivided yet. LP is just "giving" a small amount to the family of MC in consideration daw sa kanila. The family of MC is still occupying the property and they didnt accept any amount sa pinagbentahan ng lupa, which is sa tingin ko is a good decision. i think kailangan nila kumuha ng CENOMAR for JC and LP to prove na walang rights si LP over the property.

If ever na ma prove na walang rights si LP, ano po kaya ang pwede i kaso sa kanya? Matanda na rin kasi sya mga 70+ na. She gave S.P.A sa anak nya sa pangalawang asawa. Pwede kaya yung representative nya ang kasuhan since yun ang nag process ng bentahan? At anong kaso po?

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6 Re: Legal Rights on Sat Feb 19, 2011 11:04 am

attyLLL


moderator
where is the title? has it been transferred?


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7 Re: Legal Rights on Sat Feb 19, 2011 11:47 am

patch


Arresto Menor
it was in the possession of LP. since the buyer already partially paid for it, LP gave it to the buyer to process the clearances for the cancellation of title.

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8 Re: Legal Rights on Mon Feb 21, 2011 5:29 pm

attyLLL


moderator
i recommend you write to the buyer to inform him or file an affidavit of adverse claim at the Registry of Deeds.


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9 Re: Legal Rights Today at 4:03 pm

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