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Selling of heirs Property

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1Selling of heirs Property Empty Selling of heirs Property Sat May 13, 2017 10:26 am

Cezz


Arresto Menor

Hi po,

Good day! I just want to ask po regarding selling of properties.
Ganito po kasi yun.. may lot na minana yung father ko from his parents and yung lot is nakapangalan sa kanila ng kapatid niya but half of the lot is binenta na ng kapatid ng father ko bale 600sqr meter kasi siya so 300sqr mter yung naibenta. And yung half is for my father na. After a year my father and mother decided to build a house on the lot. But all of the sudden naghiwalay yung mother and father ko NOT LEGAL ngayon po yung father ko binibenta yung house and lot without my mothers concent at binibenta niya ito sa kapatid niya. Pwede po ba yun? At May habol po ba kami dito which is hindi po kami papayag na ibenta ito ng tatay ko 3 po kaming magkakapatid legal age at wala pa pong nag aasawa sa amin.

Sanay matulongan niyo ako.

Maraming salamat po.

2Selling of heirs Property Empty Re: Selling of heirs Property Wed May 24, 2017 9:21 pm

Jadis

Jadis
Reclusion Perpetua

1. Was the lot acquired while your father was still single? If so, what year was he married to your mother?

3Selling of heirs Property Empty Re: Selling of heirs Property Thu May 25, 2017 10:11 am

Cezz


Arresto Menor

@Jadis It was acquired after he got married with my mom Sir. Since 1989 po

4Selling of heirs Property Empty Re: Selling of heirs Property Thu May 25, 2017 10:25 am

Jadis

Jadis
Reclusion Perpetua

1. The land is your father's exclusive property. He does not need your mother's consent to sell it. Any property received by a spouse through gratuitous title or inheritance during the marriage is that spouse's EXCLUSIVE property and does not belong to the conjugal partnership of gains or absolute community unless the giver or donor states otherwise.

2. The house is another matter, since it appears that both your parents used their incomes to construct it during the marriage. So as to the house, your father needs your mother's consent.

3. Your parents are still alive, and they have a right to sell their property in any manner they like.

You as their children are all of age, and are capable of supporting yourselves unless you are incapacitated. You have no right to dictate how your parents dispose of their property by way of sale while they are still alive.

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