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Adverse Claim on Property

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1Adverse Claim on Property Empty Adverse Claim on Property Mon Jun 27, 2016 9:50 pm

klairedominique


Arresto Menor

Hello,

My family is planning to sell our compound which is registered under my grandfather's name. Sadly, my grandfather is not with us now and hindi na transfer yung title sa grandmother ko o kahit sa mga anak niya. The title is currently not with us which is complicated pero through the sale of the property, makukuha po siya namin sa bank.

The problem here ay hindi sa pag transfer ng title but sa adverse claim ng half sister ng grandfather ko. We could not freely sell the property kasi hindi niya icacancel yung claim niya dahil may utang daw kami sa kanya. Icacancel niya lang daw kapag bibigyan siya namin ng share which is 50% of what we will be getting out of the sale.

How can we prove na hindi talaga siya pwedeng kumuha ng 50% na share? Yung purpose at sole reason lang naman ng pag file niya ng adverse claim at paghihingi ng lagay ay dahil may utang kami and I don't think she'll cancel the claim if babayaran lang namin yung utang namin sa kanya. Malaki pong tulong kasi yung 50% na kukunin niya. Walang permanent source of income yung grandmother ko at mga tita ko. Wala din po silang malilipatan na bahay after the sale.

Any advice would be greatly appreciated. I just really want my grandmother to have what is rightfully hers. I want her to not worry about the property anymore since it has been the source of her stress for the past 3 years.

Also, will filing a restraining order be reasonable?

Thank you.

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