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LAND INHERITANCE - Sino ang may mas karapatan?

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samkevin


Arresto Menor
Hello po, hope someone can help.

Scenario: May malaking lupaing naiwan ang lolo ko. No will and testament. Naacquire ang lupa after marriage niya sa pangalawang asawa (where our family belongs, my father is the eldest). The 2nd wife (lola) is still living.

Hindi siya kasal sa unang asawa pero may mga anak.

Napunta ang titulo ng lupa dun sa panganay na anak ng unang asawa ni lolo at kine.claim niya na walang karapatan ang second family sa lupa. He even threatened my father na buburahin sa mundo kapag nakialam o naghabol sa lupa.

I believe lola has the right over the property. Tama po ba?
Ano pong habol namin o pwedeng gawin?

Since nasa kanila ang titulo, is it possible po na matransfer nila ang title sa name nila?

Please help po. Thank you very much.



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attyLLL


moderator
if the property was acquired during the marriage then your lola has right to it along with the legal heirs of the lolo.


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samkevin


Arresto Menor
As far as I know, all of them are legal heirs - surviving spouse, legitimate & illegitimate children. Ano pong dapat naming gawin since the illegitimate child has the title of the land? Posible po bang natransfer na ang title sa name niya? At pano mo namin masesecure yung share ng legitimate children & surviving spouse? Sinabihan niya po ang father ko na walang karapatan sa lupa with death threats if makialam.

Equal lang po ba ang share ng legitimate, illegitimate children at surviving spouse?

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attyLLL


moderator
you can check at the Registry of Deeds, but the legal recourse here is to file a petition in court for settlement of estate


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arnoldventura


Reclusion Perpetua
Half of the property belongs to your lola for being conjugal. Then the remaining half shall be shared by your lola (again), the legitimate children and the illegitimate children. Under the law, the share of an illegitimate child is only 1/2 of the share pertaining to a legitimate child, so just imagine how diluted their shares would be already. https://www.alburovillanueva.com/wills-succession-inheritance This means that the rights of the legitimate family (where you belong) over the property is so much more than what the illegitimate children are entitled to. Kung batas ang pag-uusapan, talagang may laban kayo. You just have to deal with the death threats, kasi hindi ko kayo matutulungan sa bagay na yan.

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