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house & lot own by grandparents but the land title under the name of 2 daughter from 11 children

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chie


Arresto Menor

hi good day! hope you can help me regarding this problem. i lived here in my grandparents house in mandaluyong city philippines since 31 years now together w/ my family & relatives. this house/building has 11 rooms (no of my grandparents children). my grandma is already very old lady.
my question is this house or title of land is under the name of my 2 aunties. (1) my first auntie is dead already and he has a husband.when the 1st land title release they already married he said it is Conjugal. w/c i believe no because the house is already been there before they been together.
(2) my second auntie, well she still alive and living in US. however she interested to buy the house to her brother & sister. but everyone have diff ideas. some are interested & the others is not.
(3) my last question, what are the rights of the others children of my grandparents? since the title of land is under the name of their 2 sisters. & by the way my grandparents only use their name in the land title.

thanks.

attyLLL


moderator

I cannot fully answer an inheritance question when there is incomplete information. you will not believe how very complicated these are. much depends on how and when the property was acquired and when people died.

on its face, it is only the aunts who own the property. if the dead aunt received the property without paying for it then it is not conjugal property regardless of when it became hers, but when she died, her share was inherited by her children, if any.


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3house & lot own by grandparents but the land title under the name of 2 daughter from 11 children Empty bahay ni lola Sun Oct 10, 2010 3:15 pm

chie


Arresto Menor

hi po thanks sa sagot nio sakin. actually po yun bahay d2 sa mandaluyong nagsimula noon pa nangungupahan ang lola at lolo ko. then nun umalis na yun may ari binenta eto sa kanila at nun mga panahon na nilalakad na yun mga papeles since hindi naman nakapag aral ang mga lolo at lola ko sa panganay na anak na babae na dalaga nila eto nilagay. hanggang sa nagsimula narin magsipag asawahan na ang mga anak nila. yun sumunod na titulo ng lupa naman isa sa mga tita ko ang officer ng house association kaya sa knya rin naipangalan yun kalahati ng lupa. noon mga panahon na eto wala sa kanila nakaisip kung gaano kakumplikado ang setup ng mga mgkakapatid. sa dahilan ang lahat ang iniisip ay sa magulang nila ang bahay pero nun makita na nila yun titulo na nakalagay sa pangalan ng 2 nila magkakapatid duon lang sila nabahala dahil pwede pala eto angkinin na magiging simula ng kaguluhan. sa ngayon buhay pa ang lola kaya tahimik pa d2 dahil ang nasusunod pa rin ang lola ko sa bahay. at yun iba pa niang anak d2 rin nakatira sa bahay. nababahala lang ako paano na pag nawala ang lola. ano po ba ang dapat na gagawin?

attyLLL


moderator

try to get everyone into a family agreement now as to what will happen to the property. try to get them to agree that it is really the grandparents' property.

if no agreement is reached, the problem is that it appears that the properties were purchased by the aunts (on paper, at least), and now that one has died, i doubt if her heirs will let go of this opportunity easily. did she have children? again, on paper, it appears that it is conjugal property and the husband has a right to it.

the legal remedy is for the lola to file a case against her child in the USA and against the estate of the deceased one for reconveyance and she will have to prove that all the money to purchase the property was theirs and they were only holding the property for them in trust. she has to do it while she is still alive.

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