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Problema sa lupa

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1 Problema sa lupa on Wed May 11, 2011 1:44 pm

asklegal


Arresto Menor
Magandang araw po sa inyo!

Ito ay problema ng ama ko tungkol sa lupa. Ang nangyari kasi namatay na yung lolo ko at ang ginawa ng lola ko ay ibeninta niya ang lupa sa ama ko.Naggawa sila ng deed of sale at pinipirmahan ng lola ko yun pangalan niya at saka ng lolo ko with witnesses at notarized.Tapos binubuhisan ng ama ko yung 12 years na hindi na buhisan bago nabili ng ama ko kasi isa ito sa requirements to change the name of my lolo to name ng ama ko sa register of deeds. Na comply ng ama ko lahat na requirements at officially na change na yun name sa register of deeds at kasalukuyan inaplayan ng titulo ang lupa. Nang namatay yun lola ko nag question ang mga kapatid ng ama ko sa validity ng documents na yun at sabi nila dapat din makapagmana sila sa lupain na yun.Sabi nila bakit daw naka pirma yun ama nila na patay na at peke daw yun ginamit na documents na ginamit ng ama ko. Ang ginawa nila kumuha sila
ng surveyor at hinahati-hati yun lupa without the presence ng ama ko.Ito ang mga tanong ko:

1. Tama ba at leagal yun ginawa ng mga kapatid ng ama ko?
2. Legal ba yun pagka benta ng lola ko sa ama ko?
3. Ano ba dapat gawin ng ama ko?
4. Pwde ba makasuhan ang ama ko kasi sabi nila peke yun documents?

Maraming salamat po.

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2 Re: Problema sa lupa on Wed May 11, 2011 2:09 pm

attyLLL


moderator
it is legal for a son to purchase property from his father. your father should demand that his siblings the vacate the property. he can file for ejectment or an action for recovery of the property


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3 Re: Problema sa lupa on Wed May 11, 2011 7:11 pm

asklegal


Arresto Menor
Thanks Atty.

But they are questioning the deed of sale because the time my grandmother sale the land, my grandfather was already dead that's why they question the documents especially the signature.So, can they file charges against my father?

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4 Re: Problema sa lupa on Wed May 11, 2011 7:12 pm

asklegal


Arresto Menor
Where can he can file for ejectment or an action for recovery of the property? Thanks


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5 Re: Problema sa lupa on Thu May 12, 2011 3:11 pm

attyLLL


moderator
ah, ok. now i understand. in that case, indeed the deed was falsified, and they can initiate criminal charges against your father.


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6 Re: Problema sa lupa on Thu May 12, 2011 8:10 pm

asklegal


Arresto Menor
Thanks Again Atty.
They are questioning the signature only in the deed of sale. What is this criminal charges? particular? Thanks

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7 Re: Problema sa lupa on Thu May 12, 2011 11:17 pm

attyLLL


moderator
that may be estafa through falsification of public documents.


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8 Re: Problema sa lupa on Fri May 13, 2011 7:39 pm

asklegal


Arresto Menor
But how to check the documents if valid? both my grandmother and father are already dead.thanks

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9 Re: Problema sa lupa on Sat May 14, 2011 11:50 am

attyLLL


moderator
was the deed of sale notarized on a date when your grandfather was already dead?


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10 Re: Problema sa lupa on Fri May 20, 2011 2:50 pm

asklegal


Arresto Menor
yes Atty. if my father go for settlement...what happen to his tax paid, effort to improved the land just like he is planting mango, mahogany, coconut, etc.?

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11 Re: Problema sa lupa on Sat May 21, 2011 2:42 pm

attyLLL


moderator
how can he go for settlement if your father is already dead?


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12 Re: Problema sa lupa on Tue May 24, 2011 2:13 pm

asklegal


Arresto Menor
No. My father is still alive. I mean settlement between my father and his brother/sister so that there is no more case in court.

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13 Re: Problema sa lupa on Thu May 26, 2011 9:08 pm

attyLLL


moderator
But how to check the documents if valid? both my grandmother and father are already dead.thanks

your 8th post.

those matters can be discussed in the negotiations for settlement.


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14 Re: Problema sa lupa Today at 10:59 am

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