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deprivation to heirs (succession of rights)

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1 deprivation to heirs (succession of rights) on Mon Nov 28, 2011 12:31 pm

pikoy


Arresto Menor
hello po, im asking for your expert advise please. Smile

situation:

this is regarding to the 4 hectare lot issues we had with our family now, the mother lot (777) is under the name of the father(deceased) his wife is no longer here too (deceased).

- no last will testament executed
- not adjudicated to the heirs


they left 6 children (heirs) namely:

juan - blessed with 4 children
two - blessed with 11 children
tre - blessed with 9 children
"For" - heirs is deceased (success by wife and 9 children)
five - heirs is deceased (success by wife and 7 children)
six - heirs is deceased (success by wife and 2 children) - this is us.

one of the child of "For" name as "roberto" facilitated the processing, since his family trust him of what he knows for working in governement as particularly as drafsman at municipal assesors,the surveying took place and the surveyor was advised to shot this points, this fence, this tree as boundary, after the surveying were done he then proceeded to asked a lawyer extra judicial and subdivision agreement, since most of the heirs are not educated they placed their signatures in this agreement, including our mother too (our father is already deceased), since the processing already took about ten years now, we the children of "six" already inquire to the bureau of lands, why this took too long to process only to find out that only four out of six heirs were on the agreement(omitted of we do not know why), and the third party were reflected on that agreement(juan,two,tre,for,and five sell THEIR portion of lot under this *title to the third party prior to the ownership under their names), AGAIN we are now revising agreement to make the 6 heirs appeared and have the sublots placed to the heirs names first before transferring to the *third parties(already have their home constructed(concreted).

this is the technical data we have now and planning to process for titling, and presently we are having some issues, since we are going to START
AGAIN from scratch.

little history of lot(777)

this lot(777) were mortgage to the bank some time in 1974
and it was paid (1978)by selling another separate title (somewhere 20 km away from here) by our *lolo and lola
*this is supported by documents sold by our grand parents

now the story came out ("for" children insisting this) why juan,two,tre,for,five and six had different lot sizes (not divided equally)
since both our lolo and lola already passed away, now the heirs are thinking that the property that their parents sold previously, to pay the mortgage of lot (777) WILL BE the inherited part of "six" (our father) and advise
by his brother and sister that he is no longer have the right to this property(lot(777), simply because he is a teacher while the rest of his brothers and sisters are unfortunate for a college degree(high scholl graduates only).
therefore this is what it turns out now, our father (six), in order to live together with his family in this lot(777) to what supposed to be his inherited portion of this lot, need to pay 3,000 pesos way back is sometime in 1988 (receipt signed by lolo, sister,brother and brgy. captain) (???????why my father need to pay for that in the first place? and now the rest of the heirs asking for the deed of sale we need to show them that we bought this propety)(please take note that we are only 2 female children of "six" fighting for this and the rest of the heirs mostly male and grown ups)

survey result as per sketch plan signed by the geodetic engineer: this is in percentage basis based from 4 hectare sublots into 6 subdivision:

juan - blessed with 4 children (13.33%) inherited/ whole lot were already sold to the third parties prior to transfer of title
two - blessed with 11 children (15.41%) inherited/ portion were already sold to the third parties prior to transfer of title
tre - blessed with 9 children (18.69%) inherited/ portion were already sold to the third parties prior to transfer of title
"For" - heirs is deceased (success by wife and 9 children) (24.18%) inherited/ portion were already sold to the third parties prior to transfer of title
five - heirs is deceased (success by wife and 7 children) (23.44%) inherited/ portion were already sold to the third parties prior to transfer of title
six - heirs is deceased (success by wife and 2 children) - (4.95%) purchased not inherited :(this is us.

now we are not signing any extra judicial and subdivision agreement if this will not be going to divide equally (unless it is stated by law that we have no right to claim for equal share as heirs), and roberto as heirs of "for" is proposing to have the extra judicial and sale instead, basing from the survey output of the the sublots.

since this is going to be a conflict of interest now, they are proposing to process the 5 sublots for the transfer of title except not including our portion, to the third party who bought the portion and whole lot. now our question is, is it possible to isolate the transfer of title eventhough one party disagree? or was there any way to process this individually and let the government decide this and have this divided equally?

kindly enlighten us with your expert knowledge to know our civil legal rights into this matter, and we are hoping you will be able extend your help.

we are in depth thankful to whatever opinions you may impart to our problem.

kind regards and god bless

koypi (not real name Smile
















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