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Clarification regarding SECTION 2. - Order of Intestate Succession

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vildeknarf


Arresto Menor
The situation is my family is going to sale the inheritance land of my grandfather and my father his son is already dead.
My mother already left us around 14 years ago. If we sale our part of the land, do we need the signature of our mother?
My friend forwarded me this civil code in case it would help me. Does this civil code indicates that we the children of our father are the direct descendants of his inheritance? and that we don't need any signature from our mother?

Civil Code of the Philippines
SECTION 2. - Order of Intestate Succession
SUBSECTION 1. - Descending Direct Line

Art. 980. The children of the deceased shall always inherit from him in their own right, dividing the inheritance in equal shares. (932)

Art. 981. Should children of the deceased and descendants of other children who are dead, survive, the former shall inherit in their own right, and the latter by right of representation. (934a)

Thanks in advance for anyone who would help. Smile

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Ladie


Prision Mayor
Hi, I am not a lawyer, but would like to share my little knowledge. In my layman understanding, your father is the DIRECT HEIR of his parents, and since your father now deceased, his surviving wife and children including his illegitimate children, if any are his COMPULSORY HEIRS. Your mother leaving you does not disinherit her. Read Family Code of the Phil, Rules 73 and 74 of the New Rules of Court and BIR Tax Reform Act for your further info. ... Ladie

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