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Free Legal Advice Philippines » FREE LEGAL ADVICE » PROPERTY » Need a legal advice pls

Need a legal advice pls

4 posters

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1Need a legal advice pls Empty Need a legal advice pls Fri Oct 07, 2016 9:19 pm

Mitchq


Arresto Menor

6 owners on 750 sqm property lot, all their names are on the title. 5 of them wants to sell their share totalling to 625 sqm, ist it legal for them (5 owners) to sell without the 6th owner's signature(125sqm will be left for him anyway) ?

2Need a legal advice pls Empty Re: Need a legal advice pls Fri Oct 07, 2016 11:03 pm

Lunkan


Reclusion Perpetua

If all is SAME one title, then ALL need to agree in writing,
BUT if the property is splited into own shares, then can everyone do as they want with their share.
If it isn't splited yet, then they, who want to sell, have right to FORCE the legal spliting process steps.
But I hope they, who want to sell, give the one, who want to keep, the chance to buy whole for a decent price. If one buy out the others is the process some less complicated, because then the title don't need to be splited, but the inherit process is needed anyway to be sure to avoid problems in the future.

3Need a legal advice pls Empty Re: Need a legal advice pls Sat Oct 08, 2016 6:53 am

Mitchq


Arresto Menor

Thank you Lunkan. Problem is the 6th owner doesn't want to cooperate in the selling, lives in a another province, doesnt have the money to buy out either and doesnt have any relationship with the rest of the five siblings. Im actually interested in buying 625sqm but i can only get 5 signature as we plan to leave 125sqm to the strange sibling, his share of the property. By the way, all 6 names are included in 1 title.

4Need a legal advice pls Empty Re: Need a legal advice pls Sat Oct 08, 2016 1:39 pm

rochelleavendano


Arresto Menor

yung titulo po ng lupa na hawak ng tatay ko nung nabubuhay pa sya ay nakapangalan pasa magulang nya ngayon ay gusto namin mailipat sa pangalan ng nanay namin o kaya ay deretso na sa aming magkakapatid ano po kaya ang pwede namin gawin, salamat po

5Need a legal advice pls Empty Re: Need a legal advice pls Sat Oct 08, 2016 2:32 pm

Lunkan


Reclusion Perpetua

Mitchq wrote:Thank you  Lunkan. Problem is the 6th owner doesn't want to cooperate in the selling, lives in a another province, doesnt have the money to buy out either and doesnt have any relationship with the rest of the five siblings. Im actually interested in buying 625sqm but i can only get 5 signature as we plan to leave 125sqm to the strange sibling, his share of the property. By the way, all 6 names are included in 1 title.
Then you need to make the legal separation process.
Is the extrajuridical inheritance split process done?

6Need a legal advice pls Empty Re: Need a legal advice pls Sat Oct 08, 2016 2:38 pm

Lunkan


Reclusion Perpetua

rochelleavendano wrote:yung titulo po ng lupa na hawak ng tatay ko nung nabubuhay pa sya ay nakapangalan pasa magulang nya ngayon ay gusto namin mailipat sa pangalan ng nanay namin o kaya ay deretso na sa aming magkakapatid ano po kaya ang pwede namin gawin, salamat po
If no one in your generation is in a hurry, then you can wait until your mother die, so you can make inheritance from both your father and mother at same time.

If you want to jump your generation to your children direct, then you need an additional DONATE process. It's not so complicated, but cost extra tax.

7Need a legal advice pls Empty Re: Need a legal advice pls Sat Oct 08, 2016 9:10 pm

Mitchq


Arresto Menor

Sir Lunkan, i dont know really. i think the land transfer was done thru donation, from father to 6 kids(1 title only) when he was still alive. 6 kids are from 3 different mothers.

8Need a legal advice pls Empty Re: Need a legal advice pls Sat Oct 08, 2016 11:49 pm

Lunkan


Reclusion Perpetua

Mitchq wrote:Sir Lunkan, i dont know really. i think the land transfer was done thru donation, from father to 6 kids(1 title only) when he was still alive. 6 kids are from 3 different mothers.
Oh.
(If it had been an undone inherit process, then the split could have been forced)
but in your case I don't know of any legal forceable solution.

9Need a legal advice pls Empty Re: Need a legal advice pls Mon Oct 10, 2016 4:23 pm

payoneer


Arresto Mayor

Have the property partitioned. Or if your buyer is willing, have him buy the property unpartitioned where he would gain ownership over 5/6 portion of the 750sqm lot. This way, it would be the buyer and the lone heir's problem.

It is however still within your best interest to properly consult with a lawyer. In the end, you'd be saving more money and it would be less hassle. Smile

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