Free Legal Advice Philippines
Would you like to react to this message? Create an account in a few clicks or log in to continue.
Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

ORIGINAL OWNER OF LAND TITLE (TCT) IS DEAD ALREADY

2 posters

Go down  Message [Page 1 of 1]

LARRYLLANTINO


Arresto Menor

I WANT TO BUY THE LOT BUT THE HOUSE IS MINE WHERE I'M LEAVING RIGHT NOW THE ORIGINAL OWNER OF THE LOT IS DEAD ALREADY FOR ALMOST 16 YEARS AT THE TINE OF HER DEATH SHE IS SINGLE BUT SHE HAS 2 SISTERS AND ONE BRO. AND THEY ARE THE DIRECT HEIRS THEY WANT TO ACQUIRE THIS LOT. SO THEY TALK EACH OTHER AND THEY AGREED THAT ONE OF THE SISTER WILL REPRESENT THEM ON THEIR BEHALF AND THAT IS MAM PATRICIA THEY HIRE A LAWYER TO HELP THEM TO TRANSFER THE ORIGINAL TITLE CERTIFICATE FROM MAM BELEN THEIR DECEASE SISTER TO MAM PATRICIA AND THEY HAVE ALREADY CANCEL THE ORIGINAL TCT OF MAM BELEN AND TARNSFER THIS TO MAM PATRICIA AND THEY REGISTER THIS TO REGISTER OF DEEDS TO MANILA CITY HALL
THEY TOLD ME THEY WANT TO SELL THIS LOT TO ME AND TO MY NEIGHBORHOOD FOR I HAVE LEAVE IS THIS HOUSE AND LOT SINCE BIRTH WE ARE THE IN THE FIRST PRIORITY TO BUY THIS LOT THROUGH PAGIBIG HOUSING PROGRAM BUT WHEN GO TO PAGIBIG AND SHOW/SUBMIT THE TCT IN THE NAME OF MAM GARRIDO AND THEY TOLD ME I HAVE TO WAIT FOR 2 YEARS BECAUSE THERE IS EMCUMBRANCE AND INSCRIPTION AT THE BACK OF THE TCT. MY QUESTIONS ARE SINCE MAM GARRIDO BADLY NEEDED MONEY DO THEY HAVE THE RIGHT TO SELL THE LOT OTHERS, DO WE HAVE THE RIGHT TO CONTEST THIS MATTER IN THE COURT PROCEEDING SINCE I LIVED IN THIS LOT FOR ABOUT 46 YEARS DO I HAVE THE CHANCE TO WIN THIS CASE IN THE COURT PLS. HELP OR ANSWER ME TO MY PROBLEM

attyLLL


moderator

sir, please don't use full caps next time. it is considered shouting in forum etiquette.do not also put in full names.

Did you mean that the owner sold the property to someone else or they are just planning to?

Why are you living in that property? Are you a lessee under a lease contract? do you have an option to purchase the property and/or a right of first refusal?

What is this annotation? Is this RA 26 Sec 7? What is the date of the annotation? If two years have already passed since its annotation, this can be easily removed through a mere motion to the court.

https://www.facebook.com/BPOEmployeeAdvocate/

LARRYLLANTINO


Arresto Menor

Tnx for your reply sorry i will not do it to send message in full cap.Anyway the heirs were planning to sell the property they told us they have the buyer. we are living on that property because my grandmother/father lives there with my parent and on that property were i was born on 1964 . My lola and lolo are friends of the owner of that property they allowed my grandparent to stay and take care of the said property but as far as i know my lolo and lola is the one paying the realty taxes and gave some amount of money to the owner of the property monthly as payment for allowing us to live in that property this was narrated to me when my lola is still alive. on the year of 1994 the owner of the property died she was not able to make a last will testament to transfer that property to her sisters and bro. As far as i know they are not in good term even though her sisters are living in her house upon knowing that their sister has a real property they immediately told us that they are now owner on that property and they was able to cancel the ownership of their sister and transfer it to the of mam Pat. Gar... her sister as to your question that we a lessee under lease contract we are not. No contract was signed between my lola/lolo and the owner of the property when they were still alive. As for annotation at the back of tct it is stated. Entry no.47---/T-2888--- Liabilities: To creditors, heirs and other persons unlawfully deprived of participation in the estate of the decease --------, as extrajudicially settled, for a period of two years pursunt to sec. 4, rule 74 of the rule of court. date of instrument - april 5, 2006 and date of inscription - September 3, 2009 at 10:15 a.m. that's all Sir.

attyLLL


moderator

Without a written agreement, you have no preferential right to purchase the property. the long stay on the property, by itself, does not create any right on your part.

The annotation is warning required by law in case there are other heirs who were not part of the distribution of the assets of the deceased.

most financial institutions will not accept a property as collateral if there is that annotation. after the two year period, it will be easy to have it removed.

if you can find some other way to finance your purchase of the property now, then you can do that. after two years, you can re-finance your loan with pag-ibig after removal of the annotation.

unless you have a written option on the property, you cannot prevent the owner from selling it to other persons.

https://www.facebook.com/BPOEmployeeAdvocate/

Sponsored content



Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum