Q. Dear Atty. Wong, I have inherited a land from my late parents when I was still single. We are all nine (9) children (7girls & 2 boys) . I am the youngest among the seven girls and next to me are my two brothers.
I am the only one who got the inheritance. Recently , I found an interested buyer of this property. I discussed the matter with my siblings and I told them that whatever money I can generate from the sale of my inherited land will be divided equally amongst ourselves.
I have one son and he asked me if I could give him a portion of this property . I told my siblings about this plan as I intend to give my son a portion from this property . However , my siblings protested and told me that my son has no right over the property because it’s an inheritance for our family.
Despite of my assurance to my siblings of my willingness to share equally with them the proceeds of the sale of the property they still insist that my son has no right to receive a portion of this property .
Due to this refusal , I am now considering not to give my siblings any share of this property .
The truth Atty. Wong is, when I had that meeting with my siblings there was agree no written papers that we signed nor its was made in the presence of a lawyer . Now, since my siblings won’t allow me to give a portion of the property to my son, I have decided to keep the whole property or proceeds of the sale for myself. For after all, the land is solely titled under my name alone.
PLEASE Atty. Wong, advice me what to do. I am a caregiver here in Canada and now in PR status. Thank you very much at MABUHAY PO KAYO. Respectfully, “LFA”.
Ans: Ayon sa iyong payahag at sa aking pag-uunawa, ang lupang iyong nasabi, bagamat naka pangalan o naka-titulo sa iyo, ay hindi mo lang solong pag-mamay-ari. Ang nasabing lupa ay ayon sa iyong pahayag ay galing sa inyong mga magulang.
Ayon pa rin sa iyong pahayag ikaw na mismo ang nag sabi sa mga kapatid mo na kung sakali mang maibenta ang nasabing lupa ang maging pera nito ay inyong babahagin sa bawat mag kapatid. Ito ay palatandaan na kinikilala mo na sila ay tulad mo ring taga-pagmana ng nasabing lupa.
And even assuming that the title of this property is under your name, this does not mean that your siblings have no rights or title to the property . As your compulsory co-heirs your siblings cannot be deprived of their inheritance or the so called “legitimes” as compulsory heirs . Under the law, all siblings (assuming that all of you are legitimate) have the same shares or inheritance. Stated otherwise, share and share alike, unless your parents left a Will. Nonetheless, even with the WILL the testator cannot reduce the legitimate of the compulsory heirs under our succession and testamentary laws.
And even further assuming that there were no papers or documents that would indicate that your siblings may have rights over the said property nor the discussions that you had with them had no witnessed or was not made in the presence of a lawyer, these facts alone does deprive your siblings of their rights over the inherited property under the existing laws .
It now appears that the inherited property which is being titled under your name, is one of a “Trust” as the true and correct owners thereof are all the compulsory heirs of your parents . This means that …. Ikaw at ang lahat mong kapatid ay ang tunay na nag mamay-ari nag nasabing lupa. Hindi mo lang ito solo.
Your siblings are correct in saying that your son, has no right to inherit or to receive share of this inheritance. Your son can only inherit from you. Now, if you wish to give your son, a share of the inherited property, you may do so, but this portion should come from your exclusive share only.
Salamat sa pag-sulat mo as this corner looks forward you and your sibling will be able to settle your differences over the subject property in accordance with law.
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