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Arresto Menor
Good Day attorney, I am very interested to avail of your free legal advice.

Sometime in year 2000 my brother in-law encountered financial difficulties in paying his debts in many lending institutions and he wrote a letters to us asking for help. He offered for sale part of his lot 23 sqm for P75,000. Even though we don’t have money to buy his lot, just to help him because he is the brother of my wife we extend money to him by installments w/o any formal letter that we are buying part of his lot. In January 2001 he wrote a letter again asking us to complete our payments and part of his letter telling us that he can’t legally sold the lot to us because we are not a member of their Urban Poor Association. He told us that to make our transaction going we will only have a personal agreement that we can built a house and occupy. Total money that we have paid to him by installments was P60,000 as of January 2001 and we can’t complete the P75,000 because we also suffered financial difficulties.

On April 2006, he approached us again because they badly need money again and this time they offered another lot he bought beside the lot he previously offered for sale to us. They offered us 30sqm part of his lot for P100,000 with existing C.R., 1 room and sala. Since we already paid him P60,000 all we need to pay is P40,000. On May 1, 2006 the amount of P40,000 was paid to them and they told us that since they can’t sell legally the lot to us because it was still under installment until now to their Urban Poor Association, we did not execute a deed of sale instead we make a letter of agreement that he sold to us the 30 sqm lot for P100,000. The letter of Agreement was signed by me, my wife, my brother in law & his wife and signed as witnesses by their eldest son and my father in law and the letter was notarized on May 3, 2006. We renovate it to make it a separate house from them and we successfully applied for a water connection, but our electric source were from my brother in law. Together with my 3 children and my wife, we occupied the house on June 2006.

On September 2009 due to severe financial difficulties that I can’t even give my family food to eat, we relocated to another province in my mother’s house to survive and until now we are all here. My eldest child will be in first year college this June 2011 and since my present income is not enough to send my daughter to college, I decided to go back alone on April 2011 to my previous house bought from my brother in law to work there.

On December 2010 my sister in law inform me through text that my brother in law wanted to see me to talk about my house bought from him. Knowing that my house was already been used by my brother in law as for rent business without asking permission from us. Our things left behind was taken away by my brother in law and I’m afraid that some of our things was lost. Some of our things are in the house of my brother in law and my brother in law told his sister that our house was already opened and he have a witness. I don’t know how many months he was using my house as for rent. Before this happened, when we relocated to the province of my mother, my wife was still there for 1 month. During that month they have a heated argument with my brother in law and my brother in law destroyed the wall of our house and it caused a big damaged. This incident was taken into a police blotter. On the next month, we learned that my brother in law disconnected our water supply to our house and he connected it to their house, even though they have their own water connection. When my sister in law confronted him about this, he disconnected it from their house but he did not return the connection inside our house. The next month I visited my house to check the damaged he has done to our water connection and I have this noted in a police blotter. I am still paying until now the monthly bill of our water connection because I am planning to go back.

My concerns Attorney are these:
• Is our letter of agreement has legal basis of ownership for the house? The lot is still under installment through their association and I found out that there are 2 beneficiaries written in the title of lot: my brother in law & the eldest son of the original owner (deceased). They divide the lot and the house I bought is part of my brother in law.
• What legal steps should I do to get my house? I am going there next month April 2011
• I am not a member of their Association, can the association intervened with my case?
• I am planning to send a letter to my brother in law to vacate my house and return all our things he took away. Is this a good idea?
• If my brother in law will not vacate my house what legal advice you can give me
- Can i just enter my house and show the occupants that I own the house and order them to leave. I think the occupants know through "tsismis" of neighbors if there still occupants now that the house/room they renting is not owned anymore by my brother in law.

Thank you very much po in advance for your legal advice attorney…
More power to you & your company.

Last edited by cashlink on Sat Mar 12, 2011 4:09 pm; edited 1 time in total (Reason for editing : additional question)

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the property is under some form of cmp? who is paying the monthly installments?

deal with the association and try to find out how you can become the listed beneficiary.

the sale is valid between you and the brother in law.

you cannot simply evict the occupants, if they refuse, you'll have to file a complaint at the bgy.

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Arresto Menor

Thank you for your advice. My brother in-law is the one paying the monthly installments for the said property dahil mahirap lang ang co-beneficiary niya at mga kapatid ng co-beneficiary. Katabi lang siya sa bahay din ng brother in law ko. dahil po may utang ang previous owner (deceased) sa kanya he assumed the monthly payments but the lot title is still under the name of the Association and the beneficiary stated in the lot title are my brother in law and the eldest son of the previous owner. They divide the lot and his share was the one sold to me.

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