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Sibling selling land

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1 Sibling selling land on Sat May 26, 2018 6:10 am

Ittmar Gutierrez

Arresto Menor
My grandmother's land was never divided between their 8 children before she died. It was then mutually agreed by my uncles and aunts not to divide it since all of them are now living in different cities. When I visited the place, I learned that a part of the land was sold by my aunt (one of the sibling).

I went to Cenro (and an another gov agency I can't remember) for info of the land. The land was still under my grandmother's name and that one of her daughter sold a part of it and is now in a process of being titled separately. I asked the guys there if a sibling can just sell it without permission from the rest of my grandparents' children, the reply was it can be sold because a sibling has a share of the land.

I thought their answer was ridiculous.

It was sold by my aunt, and the only witness was her own daughter. Is that even valid?

A law student advised me to go after of the lawyer who executed the deed of sale for disbarment. Can I do that?

The part of the land that was sold has a building constructed now. I spoke to the engineer manning the construction. She said the land was bought from the person whom my aunt sold the land to. She said they have nothing to do with the land dispute anymore since the building owner had paid the land in full. Can I still stop the construction?

I spoke to the baranggay captain, he was as clueless as I am.

Please enlighten me of what to do. Thanks.

Last edited by Ittmar Gutierrez on Mon May 28, 2018 1:16 pm; edited 1 time in total

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2 Re: Sibling selling land on Sun May 27, 2018 5:03 pm


Arresto Menor
My understanding is the only legal way to sell a portion of land as a co-owner is to execute a DEED OF SALE OF UNDIVIDED SHARE. In other words, a co-owner of a land owned by 8 adult children has only 1/8 share (assuming all children are legitimate) but the co-owner CANNOT specify any specific area to be sold. If they do that, the contract is probably invalid. To divide and specify what exact portion (10m x 20m starting from point 1... to point 5...) is being sold requires a professional survey and a subdivision plan approved by Bureau of Lands. It also REQUIRES all the heirs to agree to the partition.

Get a copy of the deed of sale that was executed from the Registry of Deeds or the buyer.

What the buyer did is absolutely 100% wrong and YES... you should have a lawyer to file to stop the construction.

The construction may be required to be demolished or most likely the heirs (children) can reach a MONEY settlement with the builder/owner to formally and legally divide the property with an EXTRAJUDICIAL SETTLEMENT that also divides the land as everyone decides. Because the construction is ongoing, you have a BIG advantage in demanding the BEST money settlement from the building owner.

I would not waste time trying to get the lawyer disbarred. Focus on your main priority... the land.

DISCLAIMER: I am not a lawyer and this is only my opinion.

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