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Different owner in improvement and land

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1 Different owner in improvement and land on Sat Mar 26, 2011 8:36 pm

jumer


Arresto Menor
We plan to sell our property in Manila, The name in the improvement was in may name, but the land was in my mother.

a). How does one pay for the transfer tax? Is it paid separately?

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2 Re: Different owner in improvement and land on Sun Mar 27, 2011 4:05 pm

attyLLL


moderator
transfer tax is assessed separately by the local government. you go to the assessor's office.


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3 Re: Different owner in improvement and land on Mon Apr 04, 2011 7:52 pm

jumer


Arresto Menor
good evening,

My father own two apartment unit. One of the tenant was introduced recently by my brother to occupy one of the unit, and this tenant only pay his monthly rent to my brother.
Now my father want to collect the rent since he is the owner of the apartment but to no avail.
What must my father do so that the tenant will recognized my father as the rightful owner of the apartment unit? He has already ask an attorney to write an affidavit stating that my father is the real owner of the apartment but to no avail.

My father and my brother have some misunderstanding in the past and are not in speaking term.

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4 Re: Different owner in improvement and land on Sat Apr 09, 2011 8:11 am

attyLLL


moderator
is the property titled with a TCT? under whose name is it?

your father can send a demand letter to your brother and the tenant to vacate in 5 days and pay past rent. then initiate a complaint at the bgy for eviction.


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5 Re: Different owner in improvement and land on Sun Apr 10, 2011 5:43 pm

jumer


Arresto Menor
The TCT is under my father name. By the way, may I have a sample of a demand letter?
What if the tenant or my brother will not received or sign that they received the demand letter? How do I request the barangay for initiating an eviction order?
My father is very old(80 yrs old), I think my brother is taking advantage of this situation.
Thank you.

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6 Re: Different owner in improvement and land on Tue Apr 12, 2011 6:38 pm

attyLLL


moderator
there are samples on the net or you can pay a lawyer to draft one for you. you can send it via registered mail. you do not request for an eviction, you file a complaint for eviction. if no settlement is reached you file the case in court to evict.

your father can issue an spa so he doesn't have to attend to it personally.


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7 Re: Different owner in improvement and land on Thu Apr 14, 2011 8:10 pm

jumer


Arresto Menor
is there any other way of doing it that does not need to go to court? it need additional expenses , thanks

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8 Re: Different owner in improvement and land on Thu Apr 14, 2011 11:10 pm

attyLLL


moderator
convince your brother by negotiating with him.


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9 Re: Different owner in improvement and land on Thu Apr 21, 2011 10:07 am

jumer


Arresto Menor
If the title of the land is in the name of my mother only, single, and my mother and father are not legally married. Because my father have other family in a foreign country. So we are called illegitimate child.
1). Do we, the illegitimate child have the right to have share on the land if it is sold?
2). In case my mother pass away, will we, the illegitimate child have the right to the share of the land?

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10 Re: Different owner in improvement and land on Thu Apr 21, 2011 11:36 am

attyLLL


moderator
that is the sole property of your mother. you are entitled to something only when she dies. so none if she sells it, yes when she passes away.


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11 Re: Different owner in improvement and land on Mon Aug 08, 2011 6:14 pm

jumer


Arresto Menor
My mother plan to sell her land,the title is in her single name only But the land has two improvement in the name of her children and they are living in the two houses.The two houses are constructed with the expenses of my mother.

1). Can my mother just sell the land without the consent of her two children? Because the two children refuse to agree on selling the land.

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