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does she have the right to demand for interest not stated in the contract?

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bebe


Arresto Menor
Mother bought a house and lot from aunt that cost 1.2 million. Mother paid aunt the initial, P600,000, then paid again P150,000.00 that is stated in the 'contract to sell' on or before July 2, 2006 that mama should pay P150,000.00.

The contract to sell signed by aunt and mama is not notorized it says that mother shall pay aunt the remaining balance of P450,000 upon the sale of the lot (mama's property)

Mama got sick, and bro-inlaw bought the lot which mama is selling on installment so mama could pay aunt the balance...

So it's bro-inlaw paying for mama, and mama pays aunt... but mama died. Before mama died, aunt said that mama should pay her interest that is P100,000. Aunt was demanding to bro-inlaw that she should be paid interest, and bro-inlaw agreed coz he got sick of aunt's mouth.

Now, bro-inlaw changed his mind coz it's too much for him, he still needs to pay aunt the balance of P150,000. But aunt is demanding P100,000.00 interest. So he will have to pay her P250,000.00 balance+interest.

Aunt said she wont give the title of the house if bro-inlaw will not pay her the interest.

Mama improved the house, new windows new walls/ceilings...

What can bro-inlaw do? he just want to pay aunt the remaining P150.000.00 and he wont pay her the interest, does my aunt have the right to demand for interest? but it should have been stated that she should be paid interest in 'contract to sell' am I right, atty? It doesnt even state the date when mama should be fully paid the remaining balance in the contract.

Thank you, atty.

Merry Christmas. GOD BLESS YOU.




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attyLLL


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who will become the owner of the lot when the aunt is paid?


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bebe


Arresto Menor
Hi atty,

the house and lot will be owned by me bro and sister.

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bebe


Arresto Menor
Pls advice atty.

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attyLLL


moderator
technically, it is the estate and the heirs of the mother who has the right to continue the contract, but if no one is complaining and the aunt is willing to sell it to the bro in law, then no problem.

however, to enforce the sale, he has to file a complaint for specific performance and consign the payment to the court.


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