karl704 wrote:lahat ba ng lupa covered ng title ay nabili mo?kung kapiraso lang,dapat nga magkaroon ng subdivision plan yung buong lote para malaman kung alin yung nabenta sa yo at pwde mo ipa register yung deed of sale para macancel sa mother title yung parte na nabenta sa yo based on the subd plan, and a TCT may now be issued to you for your purchased lot.
I could have sworn I sent my issue earlier. Dunno what happened.
Anyway, I have a similar case. In a 5 ha land, 4 hindi na mabawi dahil tenanted. Isa lang ang title, and in the name of our father who passed away some 30 yrs ago.
The remaining 1 ha was "pawned" (is this the right term?)by 4 of the heirs (exluding me and the youngest bec we don't live in the area). Some 7 years had passed and hindi na nakuha dahil wala silang pambayad. Yong naprendahan lang ang nabubuhay
, so I decided to pay myself the pawn money and I got the prime agric lot back. I also thought it wise to just buy the property instead, and so I gave each of the heirs their share (minus the money I paid to the naprendahan).
Because there's no extra judicial partition yet, I still do not have the title transferred to my name. All 6 of us heirs are in our 40s, so I suggested that we do extra judicial partition (we have other properties 5-door apartment included). 5 of us are willing except the one abroad (in fact, she was the reason why the lot was pawned in the first place). She wants to audit up to the last centavo all the proceeds since our parents died. It's advantageous to me since I haven't also received a single cent ever. I'm practical, however. I want to avoid sakit sa ulo, suggest equal share, and just move on.
How do we move from here? If we go judicial, who's to file a case first? I figure the one abroad because she's the only one questioning everything? She's most welcome to file a judicial partition. However, considering that she comes to Phil once in 5-10 years, where will this lead us? Buhay pa kaya kami by the time the judicial case is settled?
Thanks in advance.