Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

no title yet but heirs have the right?

View previous topic View next topic Go down  Message [Page 1 of 1]

1 no title yet but heirs have the right? on Sat Mar 26, 2011 1:30 am

bebe


Arresto Menor
Hi Atty,

I have 2 siblings so bali 3 kami who are heirs of my parents farm.

Yung 1st owner was my great grandfather, and he gave it to my grandma then grandma gave to my father. May sketch plan na and 1 part of the land has a title already sa amin wala pa.

When mama was alive he asked a couple to get the rent from the ricefield, bali may tenants kami, yung tenants are the ones giving sacks of rice to this couple and this couple is also getting share. This couple are not tilling any land, they just planted banana trees with my parents consents but they are claiming other plants their own daw but many people said it's not theirs most plants were already there before this couple claimed they rented the farm. But hindi rent for me eh bali sila lang yung kumukuha nang sacks of rice from the tenants.

They are I believe are fraud, dishonest couple, thats why I want them off our property kaso sabi nang DAR for the meantime na wala pa title work lang daw muna sa land yung couples na to bali mag take care nang mga plants nila eh kaso they are liars even if it's not their plants they are claiming the plants their own. Many more dishonesty but it would be too long to tell.

And then they live on a concrete house which was built by other relatives, bali this couple only had the house renovated.

I want them off the property atty, but DAR said for the meantime na wala pa title dyan na muna sila sa house and mag take care nang mga plants nila.

What will I do atty? eh tama ba yung DAR?

Dito kasi kahit walang title alam na nang mga heirs kung saan ang kanilang lupa.

Bali 3 parts yung land, 1 palang yung may title at marami din tao na alam na yung land na yan amin na.

I hope you can advice me. Salamat


View user profile

2 Re: no title yet but heirs have the right? on Sun Mar 27, 2011 3:54 pm

attyLLL


moderator
are they registered tenants at the DAR? if so, you can't evict them.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

3 Re: no title yet but heirs have the right? on Sun Mar 27, 2011 6:44 pm

bebe


Arresto Menor
No atty, this couple are not registered tenants.

View user profile

4 Re: no title yet but heirs have the right? on Sun Mar 27, 2011 9:23 pm

attyLLL


moderator
send a demand letter telling them to vacate in 5 days. if they refuse, file a complaint at the bgy, then later at the MTC for eviction.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

5 Re: no title yet but heirs have the right? on Mon Mar 28, 2011 12:41 pm

bebe


Arresto Menor
so atty, do they have the right to tell us we'll pay them kasi they renovated the house?

Is the DAR right to say na we'll have to get the title muna kasi marami silang plants? dapat kunin daw yung title eh alam nang lahat na kami na yung heirs.

I have many witnesses who are willing to testify na kunti lang tanim nila and bananas lang walang trees. Gusto will pay for the plants eh eventhough they dont own the plants they are claiming they own them.

View user profile

6 Re: no title yet but heirs have the right? on Mon Mar 28, 2011 8:19 pm

attyLLL


moderator
In my opinion, as heirs you can file the case already, but make sure you are able to prove that you are able to prove your right. you cannot rely on 'alam ng lahat.'

the presumption is that the owner of the land is the owner of everything there.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum