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Property left by a relative

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1Property left by a relative Empty Property left by a relative Tue Apr 04, 2017 3:42 pm

jorox


Arresto Menor

Hi, a small property was left to me by my uncle. I have the title of the property but still under my uncles name. my uncle died and his 2 sisters are not interested on the property. later on both sisters died. Sister 1 has some illegitimate children. how can i transfer the land to my name ? does the children of the sisters have right to get shares of the land? thanks and what kind of lawyer should I be getting for this kind of situation ? thanks so much..

2Property left by a relative Empty Re: Property left by a relative Tue Apr 04, 2017 4:14 pm

Lunkan


Reclusion Perpetua

jorox wrote:Hi, a small property was left to me by my uncle. I have the title of the property but still under my uncles name. my uncle died and his 2 sisters  are not interested on the property. later on both sisters died. Sister 1 has some illegitimate children. how can i transfer the land to my name ?   
Any proof the land is yours?  (Just having the title document is NOT a proof alone.)
Otherwice - You can't.
(I asume you mean OCT or TCT when say "Title". If it's just tax declaration, then there CAN be a chance.)
jorox wrote:Sister 1 has some illegitimate children. how can i transfer the land to my name ?  does the children of the sisters have right to get shares of the land?  
Edit. I thought wrong, I thought as if they had been ilegit children to your uncle.
jorox wrote:what kind of lawyer should I be getting for this kind of situation ?  
Well. We never know with the "justice" system, but if you don't have any proof it's yours, legaly it would just be wasted..



Last edited by Lunkan on Sat Apr 08, 2017 4:07 pm; edited 1 time in total

3Property left by a relative Empty Re: Property left by a relative Wed Apr 05, 2017 11:36 am

jorox


Arresto Menor

I am the one paying the real estate tax its under my name. it would comeout as we are all niece and nephew of the deceased owner. how can it be divided ?

4Property left by a relative Empty Re: Property left by a relative Wed Apr 05, 2017 4:22 pm

Lunkan


Reclusion Perpetua

jorox wrote:I am the one paying the real estate tax its under my name. it would comeout as we are all niece and nephew of the deceased owner. how can it be divided ?
You paid tax since BEFORE they died =Same as when you got the property?
Then it's not a fullt proof, but perhaps that can be found enough.

When there are children (or spouse) then other relatives get nothing, and you told there are childre.
So you have to prove enough you got it BEFORE your uncle died.

The document you have - is it OCT/TCT or what?
If other - How many years can you prove you have paid the tax?


5Property left by a relative Empty Re: Property left by a relative Sat Apr 08, 2017 12:43 pm

jorox


Arresto Menor

been paying it after he died in 2006, he has no children. Land Title is what I have under his name. he was living with me as i took care of him when he was sick, he left me all the papers and for me it was not good to ask him to transfer it to me while he is on his sick bed.

6Property left by a relative Empty Re: Property left by a relative Sat Apr 08, 2017 4:22 pm

Lunkan


Reclusion Perpetua

jorox wrote:been paying it after he died in 2006, he has no children. Land Title is what I have under his name. he was living with me as i took care of him when he was sick, he left me all the papers and for me it was not good to ask him to transfer it to me while he is on his sick bed.
   
Oh then that's no proof your uncle gave it to you, only proving you have took care of and used the property AFTER he died.

BUT I noticed I thought wrong about a thing earlier. You are ALSO a child of a sister/brother to your uncle, so if that sister/brother isn't alive, then you have right to a SHARE, otherwice your parent get the share.
So you HAVE a STRONG case to get a SHARE,
but a WEAK case to get whole.

Is the property worth enough to spend money at lawyer to add SOME chance to get whole? Perhaps you can make a deal the lawyer only get pay if you get MORE than 1/3 Smile Or you can pay the lawyer for just consulting if the fee is low enough to be interesting.
Otherwice you can ask PAO if they assist.
Or just add your arguments and prooves to the Extrajudical process, which is needed anyway. (But they will probably decide you get only a share.)

7Property left by a relative Empty Re: Property left by a relative Sat Apr 08, 2017 6:57 pm

Lunkan


Reclusion Perpetua

Perhaps ALTERNATIVE:
INSTEAD of fight in court, PAY LAWYER and having it unclear long time, you can think of the alternative leting the others get some shares WITHOUT court, IF they agree to sell their shares to you for an ok price. If they agree to such pay, it can be solved with a LOAN from them, which you pay off month by month. (Common interest at loans at properties are around 7 percent per YEAR, so that part isn't so much, but you need to pay off the loan too.)
OR if you can get approval to Pag-Ibig or bank loan with the propety as collateral, you can pay the others direct.
Make sure the sell documents are compleete, and register the title in your name. If they demand, it's ok to give them notes at the title it's collateral for their loans to you.

BUT don't agree to faster payback of loan than you sure can manage, because otherwice you can lose WHOLE by Foreclosure if you can't pay.

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