Legal Question in Real Estate Law in Philippines

The 100 sqm land I am living in right now is divided into 4 houses but with just one land title. It used to be just one house where my grand parents lived. The title of the land was named to my aunt, being the eldest, when it was bought. My aunt had the title of the land loaned and my parents paid for the mortgage just in order to get the title back and to prevent paying high interest. My parents and aunt signed a legal paper that my aunt will have to pay the money to us with small interest and that the land will be the collateral for 20 yrs. Now, my aunt sold her "part" of the land which is 40 sqm although the whole 100sqm still hasn't been subdivided. I would just like to know the legal claim we can get from this and whether we still have some rights to this land. My aunt has a daughter too. Does that mean also that she has more rights on the whole land than my parents?


Asked on 10/06/12, 9:05 am

1 Answer from Attorneys

VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

Those who are entitled to the lot are the heirs of your grandparents, they are your mother and her siblings (your uncles or aunts). You can still collect the loan from your aunt considering she sold her share. Your aunt's daughter has no more rights over the property.

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Answered on 10/07/12, 8:02 pm


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