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Land Transfer

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1 Land Transfer on Thu Sep 28, 2017 4:17 pm

shielandie22


Arresto Menor
Hello po,

Ask ko lang po kung pwede po bang ma transfer and house and lot ng parents ko sa brother ko at sa wife nya using a deed of absolute sale given na namatay na po ang father namin last April 2004 and the transfer was made last August 2007 without my knowledge? Buhay pa po ang mother namin and my mother told me na pinalabas lang nila na may bentahan pero wala...ano po ang dapat ko gawin?

Thank you.

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2 Re: Land Transfer on Fri Sep 29, 2017 10:56 am

karl704


Reclusion Temporal
Your consent is not required in the selling of the property. But since there was really no actual sale you may question the transaction, but it would be best to hire a lawyer

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3 Re: Land Transfer on Fri Sep 29, 2017 11:04 am

shielandie22


Arresto Menor
But my father passed away and it should be automatic that part of the land is my inheritance already, am I right to say so?

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4 Re: Land Transfer on Fri Sep 29, 2017 11:16 am

karl704


Reclusion Temporal
Yes that is true, that is why you need a lawyer to file the proper case. Upon the death of your father, you become one of the heirs to his estate, and your consent should have been obtained when the property was sold in 2007. Had the sale transaction happened prior to your father's death, your consent is not required since you have no right over the said property at the time

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5 Re: Land Transfer on Fri Sep 29, 2017 11:25 am

shielandie22


Arresto Menor
My father died in 2004. When he died the property was still under our parents name.The transfer was made 3 years after he died...

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6 Re: Land Transfer on Fri Sep 29, 2017 8:05 pm

karl704


Reclusion Temporal
Yes that is irregular. But perhaps what they did is that they ante dated the deed of sale as 2004 and processed it in 2007 and paid the penalties and surcharges. Or dated the deed of sale in 2007 without disclosing that the father is already deceased. There is really a cause of action to file a case. Thus, you need to engage a lawyer to assess your documents and the entire circumstances of your situation.

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7 Re: Land Transfer on Mon Oct 23, 2017 11:11 pm

Ladie


Prision Mayor
Hi, I am not a lawyer but would like to share my little knowledge. Your post is not clear to me if the property is IN FACT transferred, conveyed and titled ALREADY IN YOUR BROTHER'S NAME. Gaya Ng post mo. KUNWARI LANG ang Deed of Sale, so alamin mo ito dahil Kung nailipat na sa pangalan Ng brother mo, you need a lawyer to defend you on your right to inherit on your father's portion of your parents conjugal property upon his death. ...Ladie

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