May mga tanong lang po ako patungkol po sa DECLARATION OF OWNERSHIP at kung ano po gagawin sa problema namin.
My aunt po kasi is claiming a parcel of agricultural land in our province which is owned by their father (my Lolo-deceased) by virtue of Partition Mortis Causa. I believed that the land title was not yet transfered to my Lolo, and my Lolo has 5 siblings.
Our problem is, my aunt's aunt (sister of my Lolo) was claiming that she and my Lolo entered into a Deed of absolute Sale of the Land way back 1990s. So, she is now claiming that she is the owner and the administrator of the land. But when my aunt saw the NOTARIZED Deed, she was very sure that the signature of her father (my Lolo) was FALSIFIED, she has documents to prove that it is.
Now, my Aunt is asking my Mother's CONFORMITY to the AFFIDAVIT OF DECLARATION OF OWNERSHIP OF PROPERTY that she executed for the purposes of perfecting HER (my aunt) rights over the LAND and for filing appropriate Public Land Application.
My questions:
1. How can we claim our rights over the Land? Considering the situation that I have mentioned above.
2. Can this Affidavit of Declaration of Ownership help my Aunt in claiming Her rights over the Land?
3. My mother was not, in any paragraph, mentioned in the Affidavit that my Aunt is executing. Is that correct sir that my Aunt is only asking my mother's CONFORMITY by signing the Affidavit?
Your response po sirs/mams will be much appreciated..
More power and God Bless po!