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Lot owner needs to send out occupant in order to sell lot

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mpangilinan


Arresto Menor
Dear Atty;
A lot owner who has a 400 sq lot and wants to sell her property. TCT and tax dec are all under her name. However, a house was built there by a cousin some 25 years ago under verbal agreement. The cousin during her stay there was separated to original wife and took a 2nd wife. 2 years ago, the cousin died leaving the house to the 2nd wife and a daughter who is still a minor. Now, the owner wants to sell lot property. The 2nd wife refuses to cooperate to leave in exchange for some financial assistance. What would be the best thing to do by the owner to evict 2nd wife. By the way, the cousin who died is the one who paid for the house construction.

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attyLLL


moderator
send a demand letter demanding them to vacate within 5 days plus a demand for payment of detention if they do not leave. file a case at the bgy for eviction, then eviction at the mTc. basis will be unlawful detainer. previous possession was based on permission or tolerance of the owner which is now over.


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mpangilinan


Arresto Menor
Big thanks for the reply atty. It helps and saves a lot on our end.
Another concern arises though.. They found out that owner copy of TCT is missing. Could be in the possession of a relative but everyone is denying whereabouts. In the absence of TCT owner copy, can they still sell the property? How? if not, do they need to get a new TCT owners copy in court first? how long will it usually take? Tnx

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attyLLL


moderator
they'll have to file a petition in court for reissuance of the owner's copy.


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