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Real Property Ownership and Rights

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1 Real Property Ownership and Rights on Sat Jan 27, 2018 12:21 pm

daddy_j


Arresto Menor
History:

There is a parcel of land owned by a group of siblings which is divided and sold into 5 parts (Lot 1,2,3,4 &5). Their representative is Ms. S, wife of one of the siblings. Ms. S offered Lot 1 to my father for Php 150,000. Upon full payment, my father was given a notarized Deed of Sale for Lot 1. Our family home was constructed on that said land. Year 2006, I was 19 years old. I was encouraged by my father to buy the vacant lot (Lot 2) beside our house for Php 150,000. From my personal income, I gave the partial payment to Ms. S. However, the cash receipt and Contract to Sell was under my father’s name. I also bought Lot 3 for Php 170,000. Upon full payment of Lot 2 and Lot 3, the notarized Deed of Sale and the original mother land title was given to us. Again, all the documents were under my father’s name though it’s I who bought Lot 2 and 3 from my personal money. Lot 4 and Lot 5 were bought by their relatives.

The notarized Deed of Sale was not yet registered due to financial constraints.

Year 2015, my father was too addicted to gambling. He wanted to sell our family house and lot. Instead of selling it to other person, he offered to sell the family house and lot to me for Php 265,000 which was equivalent to Php 150,000 in cash and condonation of his debt to me. My wife “L”, a CPA with a little background in law, drafted the Deed of Sale. She prepared the Deed of Sale for Lot 1 with the family home. In addition, my wife also prepared Deed of Sale for Lot 2 and Lot 3 from my father to me because, though in substance, I owned Lot 2 and Lot 3, those were under my father’s name. I was scared that he might act in bad faith and took it from me. All Deed of Sales for Lot 1, 2 and 3 were signed by my father, with the consent of my mother and sister. The original mother title of the whole lot was given to me. Due to financial constraints, the Deed of Sales were not yet notarized nor registered.

After the sale, my father left us and cohabitated with his mistress and two illegitimate children. He was not giving any financial support to my mother who is living with me.

Today, my father is dying. I am burdened with hospital bills and funeral expenses soon. In addition, I am under stress because the siblings of my father are threatening us that the family house and lot, that I bought and where we live, must be sold and divided into four ( 2 legitimate children and 2 illegitimate children). My father reassured me while we were in the hospital that the properties were all mine and no one can get it from us.

We are living in the family house and we do not want to sell it. Our father was taken away from us by his second family and we do not want the only thing left to us be taken away from us.

Question: Do they have the right to claim from the properties that I already bought? How strong are the documents I have if they will file a case?
• Deed of Sales from the original owners to my father for Lot 1,2 and 3 (Notarized, Not Registered)
• Deed of Sales from my father to me for Lot 1 & House, Lot 2 and 3 (Not Notarized, Not Registered)
• The Original Mother Title
• Real Property Taxes Receipt

Note: My parents were married in 1986 with no pre-nuptial agreement so they were under the Conjugal Partnership of Gains.

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2 Pinapaalis s lupa ng d tunay n may ari on Wed Jan 31, 2018 8:52 am

Berongslife


Arresto Menor
Meron po kmi lupa n ginagamit nmin na garahe ng aming sasakyan for almost 27 years sa harap ng aming tituladong lupa.May lumulutang po ngayon na inaangkin amg nabanggit na lupa .Para mkasiguro n lihitimo talaga cia n my ari pinacheck q sa city assesors office nmin kun cno ngbabayad ng amilyar ng inaangkin nia n lupa we gound out n wala nkarehistro n ngmamayari ng lupa ng nabanggit...anh tanong q po pwede po b n hindi muna kmi umalis sa lupa kun ala nmn cia mga dokumento n ngpapatunay n kanya ito ...ano po ang mga dapat nmin gawin ...maraming salamat po ...need advice po

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3 Property Issues on Wed Jan 31, 2018 9:12 am

Nea


Arresto Menor
Ask ko lang po yung tungkol sa lupa namin na minana namin sa Inay namin, na minana naman niya sa mga magulang niya.

Tatlong hati po yung lupa. Ang nasa OHA galing sa munisipyo namin, nakahati sa tiyo kong matandang binata na namatay na, sa tiya kong American citizen at naninirahan sa Amerika, at sa aming 5 magkakapatid. Yung titulo, wala pa po.

Ang sabi ng tiya ko, ibenenta daw sa kanya ng tiyo ko yung bahay at lupa ni Tiyo nung buhay pa ito. Wala po kaming nakitang deed of sale. Pinarentahan ng tiya ko yung bahay ng tiyo ko. Ipinapadala ko sa kanya ang renta ng bahay every 3 months sa Western Union para dollars na darating sa kanya.

Ang issue ng tiya ko, gusto niyang ibenta yung kaparte ng tiyo ko at yung kaparte niya. Ano po bang proseso dito? Kasi wala namang iniwan din na last will and testament ang tiyo ko eh matandang binata siya. Ang worry ko po, nasa likod ang kaparte naming lupa. Paano kung maibenta ng tiya ko ang lupa nila na nasa harapan namin? Pwede ba kaming mag-demand ng right of way? May sukat po ba itong dapat sundin ayon sa batas?

Paano po kung ang tax ng lupa ay wala namang ibinabayad ang tiya ko at lahat ng resibo nakapangalan sa akin, sa asawa ko, at sa isang kapatid ko dahil kami ang nagbabayad?

Ang isa pang issue ng tiya ko, nung ibenenta daw po ng tiyo ko yung kapirasong lupa sa harap ng bahay niya, pineke daw ang pirma niya, sabi ng tiya ko. Hindi po namin alam kung peke nga kasi nung pumirma po kami sa papeles ng bentahan ng tiyo ko, may pirma na ang tiya ko at hindi po kami pamilyar sa pirma niya. Hindi po kami nag-object sa pagbenta ng tiyo ko kasi kailangan niya noon ng pera at isa pa, property niya ang ibinebenta niya.

Pwede po bang makahingi ng payo kung anong legal na proseso ang dapat na masunod at kung pwede kaming mag-demand ng right of way?

Marami pong salamat!

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