Inherited land

Question

My elder brother sold our late father's land without telling me. We are the only two surviving sons.We live in our father's compound. He is married with two kids. I'm not married. Should I arrest him or the buyer? how do I get justice

شركة أساس التمثيل للمحاماة والإستشارات القانونية · Accepted Answer

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CO-dunni Law Solicitors · Answer

if you can get hold of the Will stating that the document belongs to both of you guys as joint heirs, then you can choose to sue your brother for your own share or sue the new buyer for your balance. Its up to you, find any Lawyer close to you.

Recososa Law Firm · Answer

Hello:

In a situation like yours, under Philippine law, the land left behind by your father forms part of his estate. As heirs, you and your brother have what we call co-ownership under the Civil Code of the Philippines. This means that both of you, as compulsory heirs, are entitled to equal rights over the property. Because of this, your brother cannot validly sell the whole property without your consent. At most, he may only dispose of his own share, but not your share or the entire estate.

a.) If your brother sold the entire property without your consent, the sale is void only with respect to your share. You can file an action in court to annul the sale insofar as it affects your portion.

b.) If the buyer acted in good faith and believed that your brother was the sole owner, then your remedy is to protect your share by filing the proper civil case, not to have the buyer arrested. In our laws, buyers are generally protected if they purchase in good faith, but they cannot acquire more rights than what your brother actually had.

c.) Arrest is not the immediate remedy here unless there is a clear case of estafa or fraud that can be proven. What you need is to enforce your rights in court by filing an action for partition and reconveyance, so that your share is recognized and separated from your brother’s.

d.) You may also initiate the settlement of your father’s estate, either extrajudicially (if all heirs agree) or judicially (if there is disagreement), to properly transfer the title to you and your brother according to your rightful shares. This way, no one can unilaterally sell or encumber the land without the consent of the other.

It would be best for you to get legal assistance right away to secure your rights before further transfers happen. We at Recososa Law Firm regularly handle cases like this, and we can assist you in filing the proper case to recover and protect your share. We have offices in Luzon, Visayas and Mindanao, and we can schedule an initial consultation via google meet or zoom call, or you may also visit us personally in our office. You may send us an email at recososalawfirm@gmail.com and indicate that you are a client from LawZana. Alternatively, you may also call or text us at +639175046510.

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Inherited land

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