Q. Hello Atty. My parents deceased sometime In 1998 and 2000 respectively. Earlier on the land title of our house was transferred under the name of our my youngest sister 20 years ago. We both lived in Canada now.
We plan to sell the house but our middle sister lives there and was informed this month of our plan but she said she has no money to buy the house. She has businesses and gambles.
She had also forged our signatures before and sold our store and vacant memorial plot that is owned by my deceased mother. What should we do? She also owes money to my brother in the 6 figures and is not paying.
Please help. FG
ANS: Hello FG, considering that the title of this property where the house is situated was already transferred to your youngest sister it is apparent that by law your youngest sister is considered as the registered and lawful owner of the house. As the rightful owner, she has the right to use, dispose or sell, rent the house to whomsoever she wish. Even if your middle sister does not consent to its disposal, she has no right to preclude the rightful owner in the exercise her rights and attributes of ownership.
Even if your middle sister is in possession of the house, as she lives there, the sale or disposal of the property can still proceed. Considering that your middle sister has no means to buy the house, your youngest sister can sell the house to other buyer(s). As the sole and registered owner of the house as appearing in the title, your youngest sister can freely sell or dispose the house even without the consent from anyone.
Let the buyer as the new owner have the task of evicting the occupants of the house. Your youngest sister as the registered and lawful owner, can also initiate an eviction proceedings against your middle sister and other occupants of the house. Once, the house is vacated, the lawful owner can enjoy its full use, and possession or freely sell or dispose the same.
Likewise , you claimed that your middle sister also forged your signatures in disposing and selling your store and the vacant memorial lots. The acts of your middle sister constitute a crime or a felony punishable under our Revised Penal Code. She could go to prison if proven guilty.
You could initiate legal proceedings for this purpose. In the event that the subject property which was were sold using the forged signature has not been transferred yet to several buyers in good faith, the chances of recovering the same by way of an action for reconveyance and voiding the sale is greater. Otherwise, your recourse will be solely against your middle sister for damages and criminal retribution.
Likewise your brother whom your middle sister owes substantial amount of money may also initiate collection suit and demand the payments of her debts, including damages, interest and attorney’s fees . Of course, it follows that your brother as the creditor have the necessary documentary evidence to prove that your middle sister as the debtor has an outstanding debt that she owes from your brother.
kindly note finally that should you and your siblings wish to pursue further legal actions against your middle sister before the court of law, be sure you have the necessary evidence to support your claims.
Looking forward you’ll find the above in order and welcome to the Batas Pinoy Global Community.
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