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My parents bought a lot sometimes in middle of 70’s where our house was built. We are seven siblings (3 brothers and 4 sisters). My father left us in 1977, leaving his children under the care of my mother who had no stable job. She was a hardworking mother peddling fish anywhere. However, because of our large family, she was always on budget deficit and incurred debt.
In 1987, she decided to make use of our parcel/lot. It was only at that time she caused the survey and titling of our lot so she can use as collateral for loan. Somebody advised her to name the title to one of her children so she can do whatever she want without the need to ask permission from father for mortgage. A TCT was issued and my elder sister’s name was indicated as registered owner. I was very young at that time and I don’t know what legal instrument caused the naming / transfer of the TCT to my sister’s name. I supposed it directly and immediately named my sister in the TCT bypassing my parents’ name.
My mother passed away in 2014. My elder sister continue to mortgage our lot/parcel for her own family use. In a way, maximizing the legal use of the lot in her name to benefit her family. We want to partition it and divide it equally among ourselves. In my observation, my sister is getting used to mortgage our common property. She seek our written consent before, but not in the subsequent mortgage.
Is extrajudicial settlement still the right action or move? Do we have the right to take back what is proportionately ours (me and 5 other siblings)? For info, our father is still living. Please advise me.
In 1987, she decided to make use of our parcel/lot. It was only at that time she caused the survey and titling of our lot so she can use as collateral for loan. Somebody advised her to name the title to one of her children so she can do whatever she want without the need to ask permission from father for mortgage. A TCT was issued and my elder sister’s name was indicated as registered owner. I was very young at that time and I don’t know what legal instrument caused the naming / transfer of the TCT to my sister’s name. I supposed it directly and immediately named my sister in the TCT bypassing my parents’ name.
My mother passed away in 2014. My elder sister continue to mortgage our lot/parcel for her own family use. In a way, maximizing the legal use of the lot in her name to benefit her family. We want to partition it and divide it equally among ourselves. In my observation, my sister is getting used to mortgage our common property. She seek our written consent before, but not in the subsequent mortgage.
Is extrajudicial settlement still the right action or move? Do we have the right to take back what is proportionately ours (me and 5 other siblings)? For info, our father is still living. Please advise me.
