good day! thanks for the information... what are the proper step to get our share, i already set a hearing to the barangay captain. what should i do if both parties will not be settled in the barangay captain hearing? is it possible that we win if we file this case to the court...what are the documents needed if we file this case to the court?
Wait and see first what the result is with the other heirs at the hearing of the bario captain. One step at a time.
Good day! the Bario Captain called me today and he said that the other heirs cannot come to the Said hearing as what i requested. what are the next step to do? it seems that they are avoiding us for a hearing at the Brgy. captain. there is no reason why they can't come for a hearing, bario captain only says that they can't come.. it seems there ignoring us. please help me with this matter... what are the next step to do.. thank you very much.
A bario captain is an official in the Philippines. Refusing to come to a hearing of the bario captain is considered the same as refusing to come to a hearing of a judge in lawcourt. First of all you need a written declaration of the bario captain where he is stating that the other heirs don't come to a hearinginvitation with the bario captain. This put you in a very strong position, but from here one i'm affraid that it will be a case off lawcourt. You will need a lawyer but first you can go to lawcourt and ask to speak a fiscal for advice. This will not cost you to much. After that you may decide if you want to go on for a lengthy and expensive lawcase.
A pleasant day! The respondents refuses to come for a hearing at the Barrio Captain where the inherited lot was situated. The Barrio Captain advised me to hear the said complaint at DAR office. But I have another options, maybe this is a better idea. What if I file for a Lis pendens or adverse claim? What is the better option between the two? Or what's the difference between the two? What are the requirements if I apply one of this option? Please advise me what to do. Thank you.
A quick question, could all the headaches be put to rest by using a lawyer to research and handle the deeds and would that be a safer way to buy a property
@ firefly @ firefly... The respondents refuses to come for a hearing at the Barrio Captain where the inherited lot was situated. The Barrio Captain advised me to hear the said complaint at DAR office. But I have another options, maybe this is a better idea. What if I file for a Lis pendens or adverse claim? What is the better option between the two? Or what's the difference between the two? What are the requirements if I apply one of this option? Please advise me what to do. Thank you.
IMHO, I think you need a lawyer that deals in this kind of stuff. This is why I'll never buy land in a foreign country.
Sorry i was out of the country the last 10 days and did not have access to internet. And yes indeed this is a case for a lawyer, the only thing i can advice is collect as much fysical evidence as possible (pictures,xerox, affidavit etc) and contact a lawyer but even than it may cost more than the value of your share.
good day @firefly correct me if im wrong with this idea....im planning not to file a case..instead of filling a case i will get my 1/4 share of the lot...and make a new title with it in my name..a friend told me that it is possible to make a new title even if there is no cooperation with the other heirs as long as i did not exceed my rights and part of my share in the said lot..in other words the are is 31900 square meters ..my part is only 7975 square meters or 1/4 share of the lot. i am so upset why they don't want a peaceful conference with us...if they complaint for my new title... i will let them file a case against me..i know that they have fear filling a case with me because i am one of the heirs that they ignored...I've meet the lawyer who notarized the extrajudicial settlement they make...the lawyer said that there allegation is my father make a quitclaim or a waiver that they give his share to them...my father told me that he did not make any waiver in his whole life...so if they would complaint for my new title i will let them file a case against me...what do you think of my idea? is it effective? thanx a lot for your knowledgeable advices... deanauster