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!