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MartyMart

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Posts posted by MartyMart

  1. copy chief. so it all boils down whether the buyer is a party, has knowledge and/or consented to such sale.

    What it all boils down to s whether the buyer was a party to the fraud, or had knowledge of the fraud. If he is an innocent buyer in good faith, the sale will be valid.

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  2. As previously mentioned, it depends on the circumstances of the sale. Given the situation, it could only be surmised that any sale by the husband can only be done through fraudulent means because it was done without the knowledge and consent of the other compulsory heirs. One way that the husband can sell the property is by producing a forged or fake special power of attorney from the registered owner of the property. Whether the sale is valid or void depends entirely on the good faith of the buyer. If the buyer was a party to the fraud, or had knowledge of the fraud, or could have reasonably obtained knowledge of such fraud, then he cannot claim good faith and therefore the sale is void. The other heirs who were defrauded can file an action against both the husband and the buyer to recover the property itself.

     

    On the other hand, if the buyer was not a party to the fraud or otherwise had actual or constructive knowledge of the fraud, then he can claim good faith and therefore the sale is valid. The other heirs cannot recover the property anymore. However, they can go after the husband to recover the money paid by the buyer for the property.

  3. thanks chief. but if for any reason, title to said property was transferred to the buyer without a judicial or extrajudicial partition, can the legitimate children run after the buyer and recover the property? can the buyer allege that he is a buyer in good faith? thanks again.

    It depends. If the title to the property was in the name of the deceased, how was the property sold by the surviving spouse? If fraud was committed and the buyer was or should reasonably have been aware of such fraud, then the said buyer cannot claim good faith and the heirs can run after the property. However, if there is actual good faith (ex., the surviving spouse produced a special power of attorney purportedly executed by the registered owner in favor of the surviving spouse, and the buyer was not aware that the SPA was spurious), then the heirs may not be able to recover the property. However, they can run after the surviving spouse for their share of the price paid for the property.

  4. If the title to the property is in the name of the deceased but acquired during the marriage, the husband cannot unilaterally sell the whole property. At most, he can only sell his conjugal interest in the property (meaning half of the property). The other half belongs to the compulsory heirs of the deceased (i.e., the husband and children). Title to the property cannot be legally transferred to a buyer until there has either been a judicial or extra-judicial settlement of the deceased's estate.

  5. Movies by Charlie Chaplin like "The Kid", his Hitler movie and his movie about the industrial age. forgot the titles now. google nyo na lang "chaplin filmography". Chaplin was a true genius, ahead of his time.

     

    I believe the movies you are referring to are The Great Dictator and Modern Times

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