Need legal advice in selling property.

peppermintdiaries · 1 Need legal advice in selling property. Sun Jun 19, 2016 11:23 am

peppermintdiaries

Arresto Menor

Posts : 1
Join date : 19/06/2016

I am planning to sell a house owned by my grandparents. The land title is under their name. They have two daughters. Both married. I'm the only daughter of my mom. And my aunt was childless. Both my mom and aunt passed away already. It's only me and my uncle who are the remaining kin. My question is: Does my uncle have the right over the property? And if I sell the house, how many percent goes to me and him?

Lunkan · 2 Re: Need legal advice in selling property. Sun Jun 19, 2016 4:29 pm

Lunkan

Reclusion Perpetua

Posts : 1356
Join date : 11/07/2013

(Asuming there isn't any will changing normal shares.)
Was uncle married to your aunt?

If Yes, then you and uncle own half each.
If selling, then both have to agree and sign. (Or one of you buy the other half so one of you own whole.)

If No not married, then I don't know.

Migui · 3 Re: Need legal advice in selling property. Wed Jun 29, 2016 9:58 pm

Migui

Arresto Menor

Posts : 3
Join date : 29/06/2016

If they are married and there are no binding will or prenup agreement, then yes, your uncle has a right to half. Why?
1. From your grandparents - next of Kin is their daughters (it does not jump from grandparents to grand kids)
2. Technically, your mother and your aunt are the heirs.
3. Your Aunt,if married to your uncle, becomes her next of kin, you to your mother.
Therefore, as next of kin to the heirs, both of you have claims to the said property.

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Need legal advice in selling property.

1 Need legal advice in selling property. Sun Jun 19, 2016 11:23 am

peppermintdiaries

2 Re: Need legal advice in selling property. Sun Jun 19, 2016 4:29 pm

Lunkan

3 Re: Need legal advice in selling property. Wed Jun 29, 2016 9:58 pm

Migui

4 Re: Need legal advice in selling property.

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