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Subdivision of land to heirs

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1 Subdivision of land to heirs on Sun May 29, 2011 5:02 pm

ne0_abs


Arresto Menor
Background:

My friend happens to hold a land title about 4,000 sq.M. The land title is from her deceased mother. In the Land Title she is holding it says: "sa lahat ng makatutunghay ng Kasulatang ito, Bati, heirs of (the name of my friend's mother) represented by (my friend's name). Her mother has no legal spouse, nonetheless, her mother was able to had two (2) communal relationship (no legal binds). Her mother was in a communal relationship with her father and had 8 children including my friend as the eldest. When their father died, her mother enter into a new communal relationship and had 2 more children. All in all, they are 10 children, 8 from the first relationship including my friend and 2 to the latter relationship.

Now, her mother and the two fathers of her children are already dead. However, some of children are still surviving, including my friend. My friend occupies a portion of this land and built a house on it. While some other portion of the land was occupied by other families (no blood relationship with her mother). According to these alien occupants, they are paying a lease/rent to one of my friend's nephew (from the latter relationship of her mother) without the direct consent to her.

This nephew of her becomes so arrogant, in fact, claiming the whole land as theirs when they can not even provide a proof. This nephew even had the nerve of telling my friend to destroy their house and leave the land premises.

Question:
1. Does my friend have a legal right to stay in the land of her mother?
2. If she does have the right? what portion of the land can she claim legally?
3. Some of her siblings are no longer interested in the land giving their fare share to her? how can she possess these shares of her disinterested siblings legally?
4. To what extent is the right of her nephew to the land of her mother.

Thank you very much in advance. I hope i could get legal opinions and advice so I can relay it to my friend. By the way she is an ordinary farmer who can barely read and write. It is my deepest sympathy in helping her.

Warmest regards,

abs

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2 Re: Subdivision of land to heirs on Thu Jun 02, 2011 5:10 pm

attyLLL


moderator
is the title still in the name of her mother?


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3 Re: Subdivision of land to heirs on Tue Jun 07, 2011 11:43 am

ne0_abs


Arresto Menor
YES po!

Still in the name of her mother represented by my friend.

it says in the land title:

"sa lahat ng makatutunghay ng Kasulatang ito, Bati, heirs of (the name of my friend's mother) represented by (my friend's name)"

yan po yung nakasulat sa land title na hawak nya, except that I did not specify the names of my friend and her mother.

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4 Re: Subdivision of land to heirs on Tue Jun 07, 2011 4:53 pm

attyLLL


moderator
is that a title issued by the Register of Deeds? It sounds more like a deed. I'm referring to Transfer Certificate of Title. They're normally written in english.


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5 Re: Subdivision of land to heirs on Sat Jun 11, 2011 3:47 pm

ne0_abs


Arresto Menor
at this point of time, i cannot be ascertain if this document is issued by ROD or Land Registration Authority (LRA). I guess I have to verify it yet.

Anyway, some of the text says,

Heading:
Republika ng Pilipinas
Kagawaran ng Katarungan
Pangasiwaan sa Patalaan ng Lupain
Patalaan ng mga Kasulatan at Ari-arian sa
Lungson/Lalawigan ng Leyte

Katibayan ng Orihinal na Titulo
Blg. (the No. of the title)

Signed by:

Sa Bisa ng Kapangyarihan ng
Pangulo ng Pilipinas

SIGNED___________________________
PENR-Officer

Nakatala sa "Talaan ng Kasulatan" ng Lalawi-
gan/Lungsod ng Leyte
alinsunod sa tadhana nf Seksyon 103 na Atas ng
Pangulo Blg. 1529, ngayon ika-16th na
September, 2005, 3:45p.m.

SIGNED_______________________________
Tagatala ng mga Kasulatan at Ari-arian

_____________________________________________________________

just with the said document, granting it was issued by ROD? LRA? or other government institution?

1. Up to what extent is the strength of her claim to the said land?

2. Will you please enumerate things she can do in legalizing her claim? (if she can really exercise her right over the said land or even a parcel of it)

I know i've been asking too much, hirit lang po! only if you may want to answer.

thanks a lot for sharing your time in answering my queries!


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