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Court Ruling on deposit slip

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1 Court Ruling on deposit slip on Sat May 07, 2011 1:30 am

Pabzkie


Arresto Menor
Our ancestral lot was already sold and of course, the money will be divided into the root family. Since my grandfather is already dead, his share will be divided into his children including my father. My Auntie who act as the administrator in selling the lot wants my father to create an SPA so she may deposit my father share into my father saving account. I didn’t agree with her because I know that SPA is very powerful and it can even give her an authority to decide in any matter in behalf of my father (please correct me if I’m wrong). Such as selling our other lots without consulting us. I told her that she may deposit our share on my Father bank account; the deposit slip may serve as the evidence that my father received his share. I think the court will recognize the legality of the deposit slip since it was machine validated and authenticated by the bank. (Please advice)

Do you know any court ruling regarding the recognition of such? Or you can give me a link of a situation similar to this?

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2 Ruling on Deposit Slip on Sat May 07, 2011 1:05 pm

Pabzkie,

I would like to share my thoughts on your predicament. Clearly, your father is one of the legal heirs of your deceased grandfather. Based on your claim that your aunt being the administratrix and asking your father to execute an SPA, your late grandfather died intestate meaning with out a will. On normal circumstances,SPA are presumed "to be specific on what action should be done", so you need not to worry, just insure what course of action should be stipulated in the SPA that will be executed by your aunt. Deposit slip is just treated as material documentary evidence. Bank transactions are done on the presumption of regularity.




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3 Re: Court Ruling on deposit slip on Sat May 07, 2011 9:01 pm

attyLLL


moderator
if your aunt is not a court-appointed administrator, then indeed she will need an SPA from all the heirs so she can act on their behalf. i don't think this is just about where to deposit the money.


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4 Re: Court Ruling on deposit slip on Sun May 08, 2011 1:42 am

Pabzkie


Arresto Menor
Thanks sureshock2000!

Actually, they also send a 6 Pages SPA that we should use according to my cousins, if it's an SPA just to deposit the the money to my father account, 6 Pages is such a long SPA, anyway, haven't check the said SPa yet. If I get a copy, I'll post it here so you may give me an advice.

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5 Re: Court Ruling on deposit slip on Sun May 08, 2011 1:50 am

Pabzkie


Arresto Menor
Hi attyLLL,

if my aunt was the appointed administrator in this instance, does she need an SPA just to deposit my father share to his account? I'm afraid that they may use the SPA to sell the remaining lots of the family. Our relatives also afraid that they just want to get my father signature just to purge it and use it on selling other properties.

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6 Re: Court Ruling on deposit slip on Sun May 08, 2011 10:25 am

attyLLL


moderator
pabzkie, you are left to speculate because you do not have enough information. talk to your relatives first to get a better understanding of the situation. even better if you can afford a lawyer to guid e your father through this.

my guess is that your aunt is not a court appointed administrator. if your father doesnt want her to represent him, then he can appoint someone else or he can go and sign the document himself.


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