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Waiver of claim

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1 Waiver of claim on Fri Apr 29, 2011 1:00 am

bitwinmarikit


Arresto Menor
Dear Atty,

My father executed deed of sales for all his properties to all his children for reasons only known to him. However, we were all asked to execute a waiver stating that it is not ours and when the time is due (probably what he meant was his death)all properties are going to be recalled and will be equally divided among us. Now that my father is dead, my sister is putting a claim to the land which was "given" to her children disregarding the waiver that she and her children signed. They also planted on the land but has an existing agreement with my father that they are suppose to rent the place which they did not adhere to. Considering the anomalous conduct of my sister and bro in law, we would like to acquire the property back as soon as possible.
These are my concern:

1. Is the deed of sale executed by my father valid? Now that my father is dead, we the heirs would want to consolidate all the properties and divide the properties equally.

2. Was the waiver that we executed valid and can be use to acquire the property back?

Will be awaiting your reply and thank you very much.



Last edited by bitwinmarikit on Fri Apr 29, 2011 9:19 am; edited 2 times in total (Reason for editing : the details were no so clear to establish the concern)

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2 Re: Waiver of claim on Sat Apr 30, 2011 3:00 pm

attyLLL


moderator
the sale is presumed to be valid, but a case can be filed to declare it as purely simulated. i recommend you negotiate with your sister and threaten her with litigation to get her to do this willingly. if not, litigation is your remedy.


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3 Re: Waiver of claim on Sat Apr 30, 2011 7:53 pm

bitwinmarikit


Arresto Menor
Thank you for your reply Atty. I forgot to inform you that the waiver of claim was executed sometime in the 90's. The titles are with me including payment of taxes (they never paid a single cent for the taxes). I also have a letter attesting to the fact that she borrows the titles from time to time (if she truly owns the property then there's no need to borrow). I am truly grateful for the help that you have extended to me. May I await your reply? Thank you

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4 Re: Waiver of claim on Sat Apr 30, 2011 9:48 pm

attyLLL


moderator
so where is this deed of sale?

i still recommend negotiation, and if that doesn't work then you'll have to file a judicial petition for settlement of estate.


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5 Re: Waiver of claim on Sun May 01, 2011 10:31 am

bitwinmarikit


Arresto Menor
Hello Atty,

Unfortunately, we can't find any single deed of sale pertaining to the titles that were transferred to us sometime in the 90's. I can't also remember signing any deed of sale regarding the lots that were transferred to us. Incidentally, my father died 2 years ago and after which, my sister started asserting her inheritance (that's why we didn't question the said lots because the subject never came out while my father was still alive). Thanks so much.

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6 Re: Waiver of claim on Sun May 01, 2011 8:57 pm

attyLLL


moderator
if you can all agree who gets what and how much, then you can execute an extra-judicial settlement. if there is dispute, you will have to file the settlement in court.


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7 Re: Waiver of claim Today at 8:00 pm

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