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need advise on adverse claim

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1 need advise on adverse claim on Fri Apr 22, 2011 11:44 pm

rhonskull


Arresto Menor
dear sir,

Good day to you sir,may question lang po ako regarding sa problem sa property ng tita ko. I hope you could give me some advise..Ganito po kasi yun,,,my house & lot po kasi yung father ng tita ko, sa title po eh nakapangalan sa 5 magkakapatid, 3 po dun eh deceased napo including yung father ng tita ko which is single pa ang status at that time.wala din po mga anak yun 2 deceased na..buhay pa po un 1 pero wala din anak.yung 1 po dun eh gusto na ibenta un property(they say may buyer napo)..

here's my question po:

1: may share po ba ang tita ko dun sa property kasi legally married naman po ang father(deceased) & mother nya?

2: pwede po ba maibenta yun property kahit wala po consent nung tita ko?

3: Ano po ang magiging habol ng tita ko sa property if sakali mabenta po un?,
Pwede po ba sila magfile ng Adverse claim before maibenta or after pa po maibenta yung property?

Hope you could give me some help & advise.More power to you sir.God bless.Thank you very much.



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2 Re: need advise on adverse claim on Sat Apr 23, 2011 9:39 pm

attyLLL


moderator
she should settle the estate of her father and include that property as part of the estate. if the other owners refuse, she will have to settle the estate judicially by filing a case in court, then she can place a lis pendens on the title.

she can also try to file an adverse claim by filing an affidavit with the Register of deeds.


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3 Re: need advise on adverse claim on Mon Apr 25, 2011 2:30 am

rhonskull


Arresto Menor
thank you very much po for that advise,clarify ko lang po,does she have to wait for that property to be sold BEFORE she can file an adverse claim or she can file an affidavit NOW stating that her father was legally married..can they actually sell that property even if one of the owner(single at that time/deceased)was married now & have children.i mean without their consent?

thank you very much,your advise would be a great help for us
GOD BLESS

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4 Re: need advise on adverse claim on Mon Apr 25, 2011 10:47 pm

attyLLL


moderator
she should file the adverse claim as early as possible.

they can only sell their shares; the shares of the person who did not give consent is not included.


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5 Re: need advise on adverse claim on Tue Apr 26, 2011 1:48 am

rhonskull


Arresto Menor
thank you very much po sir for that advise,may the good lord bless you for all your help.

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6 Re: need advise on adverse claim on Sun May 22, 2011 12:49 am

rhonskull


Arresto Menor
good evening to you atty.regarding po sa property ng tita ko as i stated before on my 1st post..naitransfer napo un title dun sa isa sa mga 5 na mgkakapatid w/o my tita's consent...(#1 & #2 were still alive & #3,#4,& #5 were already deceased). #1 executed a deed of sale,notarized dated dec.2010, stating that 2,3,4,& 5 sell their share to #1 w/c was anotated by the register of deeds..#5 is the father of my tita,died 2 years ago(2009) so my tita was sure that they falsify some documents.it is also stated on the annotation that #3,#4, & #5 were still single..yung tita ko po ay may hawak po na death certificate nung father nya stating that he was married...all of that happen w/o my tita's consent, they say may buyer npo si #1 kya pinilit na maitransfer un title sa name nya para maging clean un title for any incumbrances.

here's my question po:

1: pano pa pa mahahabol ng tita ko un share nya sa property?
2: ano pong mga legal actions ang pwedeng gawin?
3: pede po ba mgfile ng separate case against #1 such as stafa thru falsification of public documents?

hope you could help us again sir.
thank you very much & god bless

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7 Re: need advise on adverse claim on Thu May 26, 2011 8:31 pm

attyLLL


moderator
she should first check at the registry of deeds what documents were used to transfer the properties. these will be the basis for any case you will file.


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8 Re: need advise on adverse claim on Mon May 30, 2011 11:17 pm

rhonskull


Arresto Menor
good evening po atty. we've already acquired docs from the registry of deeds such as deed of sale,c.a.r, & and the newly transfered title. here's the details on the deed of sale:

"This deed of absolute sale made & executed by and between

XXXXX

Date of notarization: Dec 2,2010


pls take note po atty that:
1.xxx single died 40 years ago
2.Taxxman/marcela dela cruz(no children) died 30 years ago
3.Lunixxxxxman, single & still alive
4.Rosxxxxman single, dead already
5.Lxxxxzman single, dead already &
6.Honxxxxuzman jr,single as per the deed of sale(he is the father of my tita which is married) died 2 years ago.

all of them sign the deed of sale(i wonder how dead people can sign docs) & all of them have a cedula issued at Manila & issued on oct.6,2010.yung pirma po ng Honesto de Guzman ay ibang iba sa hawak po na id ng tita ko, the docs clearly shows that Rexxxxman falsify the details on the deed of sale for him to transfer the title to his name.

here's my question po:

1: pano pa po mahahabol ng tita ko un share nya sa property?
2: ano pong mga legal actions ang pwedeng gawin?
3: pede po ba mgfile ng separate case against Reyxxxxxxzman such as stafa thru falsification of public documents?

hope you could help us again sir.
thank you very much & god bless



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9 Re: need advise on adverse claim on Thu Jun 02, 2011 5:23 pm

attyLLL


moderator
request for death certificates of the deceased from NSO and you will have complete evidence required for a case of falsification

who is the buyer?


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10 Re: need advise on adverse claim on Thu Jun 02, 2011 10:00 pm

rhonskull


Arresto Menor
thanks po sa advise atty...we've already started acquiring death cert from nso..adverse claim is ready to be filed at d registry of deeds.we've heard that reynxxxx de guzXXn(d one who falsify deed of sale to be transfered to his name) has a new buyer,and nagkapirmahan na din dw po bago deed of sale,kya medyo kabado po kami na bka late na din yung adverse claim...do we still have a strong case against reynxxxx de guzxxxn even if nalate un pagfile nmin ng adverse claim sa registry of deeds?

looking forward po sa advise po nyo atty
god still with you always,thanks

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11 Re: need advise on adverse claim on Fri Jun 03, 2011 12:01 am

attyLLL


moderator
if you know who the buyer is, send a letter to him that you are making an adverse claim. that will put him on notice that there is a problem with the property.

yes, your case can still prosper.


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12 Re: need advise on adverse claim on Fri Jun 03, 2011 8:09 pm

rhonskull


Arresto Menor
thanks po atty sa advise nyo,more power to you.

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