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Hi. I would like to seek your advice regarding the subdivision of a parcel of land which was owned by my deceased great grand father.
The said land is to be subdivided into 4 lots (according to the deed of succession) and should be owned by heirs A (male),B (male),C (male) and D (male) (pseudonym). However, in the same deed of succession, a name of another heir E (male)was inserted, in between the names of the other heirs, using a pen.
1) Is the heir whose name is inserted in the deed of succession entitled to a share in the land?
A few years later, the heir whose name was inserted in the deed of succession, claimed his share, created a separate title and sold it.
2) If in any case, it is proven that heir E is not entitled to a share in the land, can we still claim the piece he already sold?
On January 4,1994, an Agreement of Subdivision was created and signed by heirs, A (male)also signed for B (male),C (male),D (male),E (male), F (female) and G (female). The Agreement of Subdivision indicates that the parcel of land should be divided into:
Lot A - shall belong to E (the heir whose name was inserted in the Deed of Succession)
Lot B - shall belong to A (male), C (male), D (male) , F (female) and G (female)
However, in 1994, almost all the heirs who signed the Agreement of Subdivision were already deceased.
3) Given that the Agreement of Subdivision is clearly forged, does this still hold?
Moreover,during a barangay hearing regarding the subdivision of land, one person accused H(deceased) (heir of D)as the one who forged the documents.
4) Does this account for oral defamation? Can the children of H file for complaints?
I would very much appreciate your advice. Thank you very much.
The said land is to be subdivided into 4 lots (according to the deed of succession) and should be owned by heirs A (male),B (male),C (male) and D (male) (pseudonym). However, in the same deed of succession, a name of another heir E (male)was inserted, in between the names of the other heirs, using a pen.
1) Is the heir whose name is inserted in the deed of succession entitled to a share in the land?
A few years later, the heir whose name was inserted in the deed of succession, claimed his share, created a separate title and sold it.
2) If in any case, it is proven that heir E is not entitled to a share in the land, can we still claim the piece he already sold?
On January 4,1994, an Agreement of Subdivision was created and signed by heirs, A (male)also signed for B (male),C (male),D (male),E (male), F (female) and G (female). The Agreement of Subdivision indicates that the parcel of land should be divided into:
Lot A - shall belong to E (the heir whose name was inserted in the Deed of Succession)
Lot B - shall belong to A (male), C (male), D (male) , F (female) and G (female)
However, in 1994, almost all the heirs who signed the Agreement of Subdivision were already deceased.
3) Given that the Agreement of Subdivision is clearly forged, does this still hold?
Moreover,during a barangay hearing regarding the subdivision of land, one person accused H(deceased) (heir of D)as the one who forged the documents.
4) Does this account for oral defamation? Can the children of H file for complaints?
I would very much appreciate your advice. Thank you very much.
