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recovery of possession or ejectment case

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1 recovery of possession or ejectment case on Wed Jun 22, 2011 12:27 pm

coffeelad


Arresto Menor
Hi.

My grandfather's lot in pangasinan was subdivided to all his living children (6 including my mother). However before it was subdivided, 1 of my cousin built a house for his family which was later on assigned to my mother as hers.

During that time, they asked one of my cousin if my mother will be interested to sell her lot to him and since his house is already there for so many years and due to our financial problems that time, my mother agreed to sell the lot to him at P70,000.00 to which we have a written agreement that their payment will be fully settled before the end of year 2009. The agreements has been signed by both parties (including the spouses).

My cousin failed to pay in full on the date stated in the written agreement, my mother sent them a demand letter to fully settle their arrears on January 2010 thru LBC but we cannot find the receiving copy anymore...

Last May 18, we sent them a letter asking them to vacate the lot within 15-days from receipt of notice which they did not heed. And caused an argument between them and my parents when they came to my parent's house.

Last June 2, my mother issued an SPA to me to transact on their behalf with regard to this matter. To which, I was advised to summon them in barangay as talking to them at home will not be better... June 3 at barangay, they keep on insisting na nagipit lang sila and they are willing to settle the full amount on the said date by 4pm... to which I declined.

The barangay captain, gave us another 15-days to think again if I will be accepting their offer. Come June 20, barangay captain asked them to ask for an apology and perhaps I will change my mind but none... Resulting to barangay issuing a Certificate to File Legal Action... to which I am still waiting until now.

My lawyer friend advise me to file a case for recovery of possession since the last demand letter we sent to them (which they deny) is more than a year resulting for us not eligible to file for ejectment case.

I would appreciate your legal advise on this matter and what necessary steps do I need to do when I file a case - recovery of possession. And how much would the case will cost me? As I plan to file next month.

Thank you.

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2 Re: recovery of possession or ejectment case on Sun Jun 26, 2011 10:55 am

attyLLL


moderator
when you say subdivide, do you mean there was a deed of partition and each of the children now have their each respective titles? or the entire property is not even titled?

your friend seems to be correct, but only if it is clearly established that your mother is the owner.

you can consider also filing a small claims case to collect the P70,000.00. rules on sc.judiciary.gov.ph. if they can't pay, maybe the sheriff can execute on the property.


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3 recovery of possession or ejectment case on Mon Jun 27, 2011 8:35 am

coffeelad


Arresto Menor
hi...

the lot has been subdivided to all living children which they have an agreement signed. i don't know if it is a deed of partition but definitely no title has been made yet. The original copy of my mother signed by all her siblings including her is with me.

with my cousin who wanted to buy the lot, he acknowledged that my mother is the owner of the property.

they were only able to pay less than half of the agreed selling price to which last payment made was December 2009. and they have offered to settle the remaining amount on our first meeting with the barangay captain to which we have declined.

last week, barangay captain again set a meeting for me and my cousin to meet again on July 3 - Sunday as part of the procedure as he said.

Based on the above, I would like to know what are my best options that I can do for me to be prepared on our next meeting...

Since the previous agreement has been cancelled already, can I asked them to buy again the lot at a much higher price like P150,000 and/or if they insists... and give them 1-week to pay in full and in cash? And what course of action you can advise me to do should they fail to pay the said amount on the specified date.

Please advise. Thank you very much.


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4 Re: recovery of possession or ejectment case on Sun Jul 03, 2011 12:16 pm

attyLLL


moderator
in their contract, does it say that your mother reserves title over the property until it is fully paid? if not, i believe all you can ask for is payment, but not claim to be still the owner.

what you can agree on is to impose interest on the delayed payment.


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