Legal Question in Real Estate Law in Philippines
Atty,
My grandma sold our property under a deed of conditional sale to her son living a portion to my mother. But without our knowledge, they had executed a cancellation of the conditional sale making the purchase entire lot including the house of my mother, heirs. The cancellation compared to the original deed of conditional was without witness and not notarized.
My uncle was able to process a title of the entire lot leaving my mother without her portion. Just before my grandma died, she had written a note that they had forced her to sign onto the documents making fool of her and she had realize her mistake and refutes what happened.
Does my mother have legal right over her portion of the property although without title? Can my uncle sell the entire property even if we reside in it? Can we still have legal remedy to this problem?
Please help.
Theresa
1 Answer from Attorneys
If you can prove the allegations of fraud against your uncle then your mother can file a cancellation of the title with prayer for reconveyance.
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