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non-signing of SPA

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1 non-signing of SPA on Thu Jan 12, 2012 2:41 pm

Misis


Arresto Menor
Good day,

I have a few queries: A parcel of land is owned by Mr. & Mrs. AAA, both are now deceased (Husband died a year ago, wife died 20+ years ago), the title is still in their name, left no will. They have 7 children, no other heirs.

1. Does the ownership of the land automatically pass to the children?

2. Can the children sell the land?

3. Assuming they could sell the land: Four out of the seven children signed an SPA authorizing the eldest (one of the four)to transact in their behalf. Two are abroad and cannot sign the SPA. One was asked not to sign (my dad). What is the implication of the non-signing as regards my dad?

I hope you could shed light on our problem atty. thanks!

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2 Re: non-signing of SPA on Sat Jan 14, 2012 9:58 pm

attyLLL


moderator
1) yes
2) yes

why wasn't your father asked to sign? his share won't be included in the sale.

those abroad can execute an SPA before the philippine consulate or embassy.


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3 Re: non-signing of SPA on Mon Jan 16, 2012 10:12 am

Misis


Arresto Menor
"why wasn't your father asked to sign? his share won't be included in the sale."

--Their eldest (the one being designated as the agent in the SPA) told my dad "hindi na kami makakapunta dyan sa inyo, ang sabi naman sa amin ng abugado, pwedeng majority lang ng magkakapatid ang pumirma sa SPA, maibebenta yung buong lupa"

"his share won't be included in the sale"
-- what then will happen to my dad's share? i think the land is undivided, there are no metes and bounds specified as to what part each child will get.

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4 Re: non-signing of SPA on Wed Jan 18, 2012 10:59 pm

attyLLL


moderator
i disagree with that statement by the other lawyer.

he remains to be a co-owner.


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5 Re: non-signing of SPA Today at 6:29 pm

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