property force taken

Good day.
gusto ko po sana i consult ang sitwasyon ng friend ko. My friendd recently lost her mom and left her some properties sa will nya. May lawyer sila that keeps the records. However not long ago may nangyari na i find very weird. This lawyers office got burned and all documents have been consumed this left my friend with no evidence to show she owns the properties. And shockingly her dad had find a way to place ownership of this propeties under his. I sense conspiracy. Is there any legal action my friend can take? Appreciate your help. Thanks and more power.

Hi,

May kapatid ba ang friend mo? Ask your friend if she knows who the notary public was, baka may copy yun ng will. Also, kahit hindi na sila makakuha ng will, may share pa rin ang friend mo sa properties kasi heir sya. Kung wala siyang kapatid, hati sila ng papa niya.

She has other siblings but no communication. I dont think its right legally na ma solo ng dad nya ung properties and the lawyer who once hold the will seems do not mind that this happens kaya nagduda ako na may arrangement sila nung dad. Right now pati ung mga natitirang asset na nasa friend ko gusto pa rin kunin. I feel pity tuloy sa friend ko i ask her to seek legal help but shes so devastated with what happened and she dont have the money to hire a new lawyer.

Yes, it is not proper for her father to have title to all the properties after the mother had died.

Your friend and her siblings and their father should share in the properties left by the mother according to the Philippine law on succession if they no longer have a copy of the will.

The info don't tell how many sibblings they are. Did the property belong to BOTH father and mother?

For instance if they are 4 sibblings, then each sibbling get 1/4 of HALF = 1/8.
The father get same = 1/8.
The rest 3/8 can be decided in will. If there are no will, then I believe it's unclear what happen to that


Even if the documents at LAWYER are destroyed, there are property PROVES ELSEWHERE. Some different depending of land type.
/The LOCAL office where PROPERTY TAX are paid.
/The REGIONAL office where some types of property are REGISTERED. (Office name: ".... Deeds" Something.)

Lunkan wrote:The info don't tell how many sibblings they are. Did the property belong to BOTH father and mother?

For instance if they are 4 sibblings, then each sibbling get 1/4 of HALF  = 1/8.
The father get same  = 1/8.
The rest 3/8 can be decided in will.   If there are no will, then I believe it's unclear what happen to that  


Even if the documents at LAWYER are destroyed, there are property PROVES ELSEWHERE.  Some different depending of land type.
/The LOCAL office where PROPERTY TAX are paid.
/The REGIONAL office where some types of property are REGISTERED.  (Office name:  "....   Deeds"     Something.)

The distribution of the estate according to the wishes of the deceased can only be done if a copy of the will can be obtained. If not, the rules of succession under the Civil Code will be followed. The law is clear about it, not unclear as you have said.