NO Land Title yet as per NHA due to some issues in the said area.
Occupants were given "Rights" only.
Year 2008: Isinangla ng Uncle ko ang House namin for the amount for 40,000 pesos without my Mom's knowledge. He managed to do this by submitting a letter to NHA with forged signature of my Mother indicating that my Mom is transferring her rights to him. At that moment we dont have funds to just simply reimburse the amount and me being still in college at that time. Furthermore we are unaware at that time of free legal services and was afraid to approach a lawyer since we cant pay for the services. The contract signed by my uncle does not state a deadline when will the reclamation period ends.
Year 2012: The person who received the "Sangla" decided to move out and created another contract of "Sangla" with a neighbor in which we are not inform about this. This third party agreed to continue the "Sangla" and such created a new agreement signed by my Mother in which we are give 2 years to repay the amount of "Sangla" and in the event we were not able to do this,(clearly stated on the paper) the agreement will still continue until such time that we managed to pay the original amount of 40,000. My Mom, as an act of desperation at that time (since Im on Graduating year), ask for additional 30,000 to which the other party complied. Problem is the agreement signed by my Mother was not Notarized and the additional 30,000 is not stated on the paper.
Present - 2017: Now, I have the capability to repay the "Sangla" amount. Im willing to pay the 40,000 and the additional 30,000 since even if its not in paper, it did happen and I have used it back in college. When we spoke to the current tenant of the house they told us to pay the "Sangla" amount, the additional amount of 30,000 plus the renovations and they are claiming that is amounted to 300,000.
Resolution So Far : I spoke with NHA and they ask me to just simply create an agreement or contract that shows that my Uncle is selling or transferring his "Rights" on the land to Me or my Mom and NHA will do the rest. The land ownership currently is under my Mom's name still since no follow up was done by my uncle to completely transfer the rights to him.
Questions :
1.Im willing to pay "Sangla" amount an additional 30,000 borrowed by my Mother but Im skeptical with the renovation amount that they asked so is it required for me pay the renovation cost ? Considering that these people actually stayed in the property so whatever renovations should have been subjected to depreciation. Up to what amount shall I pay?
I asked them to present receipts of material bought but they said they lost it. I proposed that we each look for 3rd party assessor who would assessed the house but they refused and said that as per the "Carpenter" who conducted the renovations is approximately 300,000.
2.Is there any specific Law that would help me with my case? It would greatly help me if I can cite any specific Laws applicable to my case on my next meeting with this people.
Thanks you so much for taking time reading this,
I just want to get our house back.