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1 LAND DISPUTE on Sun Jul 29, 2018 12:59 am


Arresto Menor
X married to Y and have 3 children, M, N, O. They have a parcel of land 10000sqm with an OCT.
When Y died, X cohabited with Z and have 6 children, A, B, C, D, E & F.
During the lifetime of X, he sold 7000sqm to different persons.

50 years later, after the death of X, one of the heirs of O, claiming the remaining land. However, upon checking and verification, it has a TCT under Z. The registry of deeds of the province however does not have any record pertaining the transfer.

Z was also 10 years dead and currently, the land was occupied by the heirs of A, B, C, D, E & F.

Question, does the TCT is voidable and can be nullified?

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2 Re: LAND DISPUTE on Thu Aug 02, 2018 12:07 pm


Arresto Menor

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3 Re: LAND DISPUTE on Thu Aug 02, 2018 12:10 pm


Reclusion Perpetua
yes since upon the death of their parent (Y), the land should have been divided to all the legal heirs.

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4 Re: LAND DISPUTE on Sat Aug 18, 2018 3:14 pm


Reclusion Perpetua
But don't count on it being voided. Z has the title in his name, and in proving ownership over real property, the certificate of title is indefeasible (unless there is bad faith, which would be very difficult to prove).

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