Legal Question in Real Estate Law in Philippines
My name is Monaliza C. Soria from Pangasinan. Please bear with me for the disturbance this letter might cause your good office. I would just like to seek advice, opinions and enlightenment regarding a real property matter (untitled residential lot). Please allow me to state the details of my query.
Here is the scenario: We don't own the land we are residing at, but when the owner is still alive she gave my grandparents and the other occupants a written permission and consent to occupy this land without rent or lease. (She even stated in that document that she binds herself his only son as the only heir, and that if his son decides to sell the lot, he should give the occupants the first preferential right to buy).
But when my grandfather died, a relative (not the son/legal heir) started to collect payment/rent from the occupants, and explained to them that it is to be used to pay taxes for the houses the occupants built in their lot (the owner is already deceased that time). To their innocence, they paid even without any lease agreement, believing it is their responsibility to pay.
Now, those relatives are selling the lot to us...claiming they own it and that the owner gave this to them as a gift.As a buyer, I demand for the TCT or any document that can prove they own it but they can not show any solid evidence or clear document. They are just showing the Tax Declaration as evidence stating the name of the declared owner. They are even actually forcing and threatening us to pay full payment or else they would sell it to others. But i objected and said i won't buy this unless they give me any convincing proof....
The declared owner is now in Canada, his brother is the one doing the transaction to us. He has no SPA. He said he would only show his SPA if we already have fully paid. He's obviously fooling us, but we don't know as to what actions should we do first. Can we file any complaint against him?
I would really appreciate your opinion regarding this matter. My grandparents lives here for more than 50 years now. I want to give them the right they deserve. But i am the only one objecting. All my aunts already wants to buy it...(para wala raw pong gulo)
I tried to contact the son of the owner - the legal heir - but he shows no interest as to the property.
1 Answer from Attorneys
With the death of the owner the agreement for the free us of the property was already terminated. However, this alleged persons claiming to be an alleged owners has no right whatsoever. This is on the assumption that those persons are not the heirs (the said persons are excluded if there are children to succeed the deceased owner) of the deceased owner.. Better not transact with those persons. Simply stay on the property and wait until the children of the deceased owner will demand for you to vacate the property.
Related Questions & Answers
-
Memorandum of agreement forms please give me sample Asked 3/09/11, 11:56 pm in Philippines Real Estate and Real Property