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TCT not in the hands of heirs

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1 TCT not in the hands of heirs on Fri Feb 25, 2011 2:10 pm

chester0821


Arresto Menor
Hi atty.,

I'd like to seek for your legal advise regarding the real properties left by our granma (father's side). My granda died in 2004. She has left several real properties including our family home. My father is the remaining son because his other son, my tito, has just passed away last year.

Before my granda died, she have signed an affidavit of donation which gives us, her grandchildren, shares of her real property. Transfer of titles has not yet been done. TCTs were left in the hands of my relative, brother of my lolo. She did not leave it to the hands of my father because we knew that my father has an affair with other woman and that if my lola leaves all of the TCTs, he might sell all of this and use the money only for his illegitimate family.

1) Can my father ignore the donation made by our grandma and insists that he's the only legal heir of the properties?

2) What if he files an affidavit for lost TCTs even he knows that it is in the hands of his 'tito', which my grandma assigned to handle the titles?

3) Can he also sell our established family home by producing new TCTs which he filed for lost titles?

Thank you very much!

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2 Re: TCT not in the hands of heirs on Sat Feb 26, 2011 7:01 pm

attyLLL


moderator
1) i would argue yes, because the titles have not yet been transferred. else he would be the one who would have to annul the donation

2) if you can prove that he knows where they are you can file a case of perjury against him. you can send him a letter to establish that he knows.

where's your mom?



Last edited by attyLLL on Tue Mar 01, 2011 5:30 pm; edited 1 time in total


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3 Re: TCT not in the hands of heirs on Sat Feb 26, 2011 8:28 pm

chester0821


Arresto Menor
my mom is now living w/ other man..

does my father needs her consent to sell our family home even if it is his exclusive property?

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4 Re: TCT not in the hands of heirs on Tue Mar 01, 2011 5:30 pm

attyLLL


moderator
sorry, your correct. he won't need the consent.


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5 Re: TCT not in the hands of heirs on Wed Mar 02, 2011 9:27 am

chester0821


Arresto Menor
with regards to the donation made by our granma to us, you mean to say that my father can ignore that even if there is notarized deed of donation signed by our grandma before she died?

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6 Re: TCT not in the hands of heirs on Wed Mar 02, 2011 4:06 pm

attyLLL


moderator
can he ignore it? yes. is it legal that he ignores it? no, if he's aware of it. if he ignores it nevertheless, is the transfer legal? yes, unless you file a case to annul it.

note also that the donation may be considered inofficious if it impinged on the legitime of the heirs.


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