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Query: I am the eldest of three children left behind
by our parents. During their lifetime, our parents acquired a 300
square-meter lot where they put up our house. We lived happily there
for 15 years until our father was murdered by a neighbor. We do not
know what happened to the murderer, but his death forced me to work
abroad to support my mother.
In the meantime, my two young
sisters married the two sons of a neighbor, who also succeeded in
marrying my mother. All stayed at our house and I gathered that they
are planning to sell it after the death of my mother. The
information greatly disturbed me, for I have plans about the
properties my parents left behind. Who are legally entitled to the
properties left by my parents? Can the house be disposed of by the
ones occupying it? -Ismael
Reply: You and your sisters are
entitled to the properties left behind by your father and mother,
since you are the only compulsory heirs. (Article 887 of the Civil
Code). Article 979 of the Code likewise provides that legitimate
children succeed the parents without distinction as to sex or age.
In the meantime, the properties left behind by your parents—before
their partition—are owned in common by you. Partition, in general,
is the separation, division and assignment of a thing held in common
among those to whom it may belong. The thing itself may be divided
or its value (Article 1079).
Your second query is whether or
not the properties left behind by your parents can be disposed of by
the husbands of your sisters. The answer is in the negative.
However, before such move is concretized, you should initiate the
partition of the properties to avoid more headache in the future.
Section 1, Rule 69, of the Rules of Court provides that a person
having the right to compel the partition of real estate may do so by
filing a complaint in court. Said complaint should project an
adequate description of the real estate sought to be partitioned and
join as defendants all other persons interested in the property.
If after the trial the court
finds that you have a right thereto, it will order the partition of
the real estate among all the parties in interest. Thereupon, you
may, if you are able to agree, make the partition among yourselves
by proper instruments of conveyance—the court will confirm the
partition so agreed upon. Such partition, together with the order of
the court confirming the same, will be recorded in the registry of
deeds of the place where the property is situated. (Section 2 of
Rule 69) However, if you are unable to agree upon the partition, the
court will appoint competent and disinterested persons as
commissioners to make the partition. (Section 3, id.) Said
commissioners will render a report to the court which appointed
them, which body will ultimately hand down a judgment for the heirs.
I wish to greet Vida Eliza Grace
on her birthday last Wednesday. A mass communications graduate,
Grace has a bright future in Canada—if inspired by her husband,
Nong, and three children (Therese, Joshua, Gertrudes).Her mom,
Eloisa, who is resting in peace, is surely praying for her spiritual
protection. Grace is the “darling” of the family, being the
youngest of the seven children.
Above all things, let us reflect
on the following statement of our Lord and Master Jesus Christ:
“Everyone that asketh, receiveth; and he that seeketh, findeth.”
(Matthew, 7:8)
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