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The Legal Side of Real Estate


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#1001 rocco69

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Posted 21 August 2019 - 01:59 PM

Hi Sir. I have some questions. My grandfather transferred the name of some of his properties to his eldest son's (my uncle) name because he is the only one who is a Filipino citizen at that time among his siblings. After my grandfather passed away, the eldest son refused to share the properties to his less fortunate siblings (aunts and uncles) because he said it is in his name so he is the rightful owner. After the eldest son died, his children (my cousins) also refused to share the property saying that since it is in their father's name it belongs to them. Is there still a chance for the other siblings to get their share even if the property is in their eldest brother's name or is it impossible already? If there's still hope, what can they do?

if more than ten years has elapsed since the eldest son died, the action would clearly  have already prescribed. Di na pwede habulin, pag ganun.



#1002 CDDIAMZON

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Posted 22 August 2019 - 03:33 PM

Good day!
I opted to exercise my right under the Maceda Law and currently waiting for the release of the check refund. I made a follow up and I was surprised that the developer required me to settle the following as a requirement in order for them to process the check. HOA, RPT, BLDG INSURANCE. Definitely I will not be able comply with the payment since I am not capable due to financial constraints and health conditions which is the main reason of availing the Maceda Law refund so I can start again on my feet. Hoping for your enlightenment so I can revert back to the developer. Thanks and God Bless!

#1003 rocco69

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Posted 22 August 2019 - 10:17 PM

Good day!
I opted to exercise my right under the Maceda Law and currently waiting for the release of the check refund. I made a follow up and I was surprised that the developer required me to settle the following as a requirement in order for them to process the check. HOA, RPT, BLDG INSURANCE. Definitely I will not be able comply with the payment since I am not capable due to financial constraints and health conditions which is the main reason of availing the Maceda Law refund so I can start again on my feet. Hoping for your enlightenment so I can revert back to the developer. Thanks and God Bless!

The additional requirements of the developer are not provided for by law, hence may be invalid. I suggest you call HLURB and inquire there as to what is the policy or view of HLURB regarding these additional requirements.



#1004 wildswans

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Posted 23 August 2019 - 11:06 PM

if more than ten years has elapsed since the eldest son died, the action would clearly  have already prescribed. Di na pwede habulin, pag ganun.

 

Thank you, Sir. The eldest son died more than 10 years ago. The eldest daughter passed away two weeks ago and in that occasion the "bunso" filled me in with some information which piqued my curiosity which led me to ask about it. Thanks again.



#1005 die01

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Posted 05 September 2019 - 03:46 PM

I paid for 40 months sa bahay na kinuha ko sa isang developer, but ngkaproblema and 40 months na din akong nde nakakapagbayad.Magaapply pa din ba ang Maceda Law dito? Thanks sa sasagot.



#1006 die01

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Posted 05 September 2019 - 03:52 PM

I paid for 40 months sa bahay na kinuha ko sa isang developer, but ngkaproblema and 40 months na din akong nde nakakapagbayad.Magaapply pa din ba ang Maceda Law dito? Thanks sa sasagot.



#1007 rocco69

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Posted 07 September 2019 - 03:05 PM

I paid for 40 months sa bahay na kinuha ko sa isang developer, but ngkaproblema and 40 months na din akong nde nakakapagbayad.Magaapply pa din ba ang Maceda Law dito? Thanks sa sasagot.

yes



#1008 die01

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Posted 09 September 2019 - 01:41 PM

yes

How to apply for it?



#1009 rocco69

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Posted 10 September 2019 - 10:29 PM

How to apply for it?

wait until your developer demands that you pay the missed payments , then inform them you are no longer interested in buying, and demand the refundable amount; OR

inform them you are no longer interested in buying, and demand the refundable amount;






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