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Sell Crops from Land not Owned

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1 Sell Crops from Land not Owned on Fri Jun 24, 2011 1:53 am

cristaldragon


Arresto Menor
My eldest auntie and her husband paid for pieces of agricultural land that were formerly owned by my dead grandfather but was foreclosed by a bank as my youngest uncle, who was administrator, was not able to pay for the loans of which these properties were collateral.

My eldest auntie verbally offered to return the land to the family if she was fully reimbursed for the amount she paid. After 6 years of operations handled by her niece, she only got a small portion of the amount. Then she died. Her husband is going to have the land leased to one of the relatives.

However, before the land was leased, the former administrator (who defaulted in the loans) harvested all the crops of the land and kept the money using it for various expenses of the estate. There is some money that is due to be released on Monday.

My auntie's husband wrote the planter's association to stop the release of the money. But they released the money for the last 3 weeks harvest to the former administrator saying that his authorization as administrator for the communal estate was never revoked as evidenced by an authorization that he got from the court. They also said that since they do not know where the proceeds came from, whether it is from the communal land or from the purchased land, they will release it to the one who has the authorization as administrator of the communal estate. However, the harvest was done on the purchased land so I believe it rightfully belongs to my auntie's husband, her heir.

I would like to ask the following:

1. How can my auntie's husband stop the association from releasing the money to the former administrator?
2. How can he get back from the former administrator the money that was already released ?

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2 Re: Sell Crops from Land not Owned on Fri Jun 24, 2011 7:44 pm

attyLLL


moderator
what is this authorization he got from the court? you may have to file a case first to contest that, because he seems to have a legal right to the property with that court order.


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3 Re: Sell Crops from Land not Owned on Sat Jun 25, 2011 4:45 am

cristaldragon


Arresto Menor
thank you for your reply, attorney. the former administrator (also one of the heirs) had originally revoked his administratorship in 2006 on the condition that the estate will be incorporated but since this did not push through, he was reinstated as administrator this year.

he got an authorization to transact as administrator for and in behalf of the estate of my grandparents, who were the original owners of the land before it was foreclosed. he is using this authorization to get the proceeds from the sale of the sugar which he placed under the name of my grandparents. however, the sugarcane was taken from the land already foreclosed.

this land has since been bought by my auntie and uncle (living in the US). my auntie died in 2010 and my uncle is leasing the land to another relative. however, before the lessee could take over, the former administrator had already harvested the sugarcane and got the proceeds and used it for his personal expenses and for the repair of the communal tractor and communal house.

there is additional money to be released this monday. i would like to ask the following:
1. can my widowed uncle stop the former administrator from getting it?
2. can he get back what was already taken by the former administrator?
3. should he have the unauthorized harvest blottered at the barangay?

thank you very much, attorney.

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