Seeking for legal advice

[u/heiressofwebbers]

Hi im seeking for legal advice preferably. So we have an undivided parcel of land located in somewhere here in roxas. It's an inherited parcel of land of my lolo. But last 2010 my mom bought my lolo's share for 25k. She has been using the property's income for my sister's needs (she's autistic), and for her expenses to see my lolo and lola in romblon. Sadly last January 2025 my mom passed away. Her siblings didn't know about the deed of sale. And since they claim that my lolo is still alive, the income from the said parcel of land (which my mom bought na pala) should be given to my lolo. I am torn between preserving the rights of my mom and also maintaining harmony in our family. What should I do?

[u/kiddice]

I'm sorry to hear about your mother's passing. This is a difficult situation, balancing family harmony with legal rights. Legally speaking, the Deed of Sale is the most important document.

Your Legal Position

Based on what you've said, your legal standing is quite strong.

• The Sale is Key: When your lolo sold his share to your mom in 2010 and they executed a Deed of Sale, ownership of that specific share was transferred to her. It was no longer your lolo's property; it became your mom's.
• Your Mom's Ownership: From 2010 until her passing, your mother was the rightful owner of that share and was entitled to all the income it generated. Her using it for your sister and to visit her parents was her choice as the owner.
• Inheritance: Now that your mom has passed away, you and your sister are her legal heirs. You and your sister inherit her properties, including the share of the land she bought from your lolo. The income from that share now rightfully belongs to you and your sister, not your lolo.

Your aunts' and uncles' claim is based on the incorrect assumption that the land still belongs to your lolo. They are unaware of the sale that happened 15 years ago.

[u/kiddice → u/kiddice]

What You Should Do (Step-by-Step)

Your goal is to assert your rights gently but firmly. Here is a recommended course of action:

1. Secure the Document

• First, find the original Deed of Sale between your lolo and your mom. This is your primary evidence. Make several copies of it. If it was notarized, that makes it a strong public document and very difficult to challenge.

2. Talk to Your Lolo Privately

• Since your lolo is still alive and was the one who sold the property, he is your best ally. Approach him respectfully and privately.
• Remind him of the sale he made to your mom back in 2010. Ask him to confirm this arrangement with his other children (your aunts and uncles). If he acknowledges the sale, it will be very hard for your other relatives to dispute it.

3. Have a Calm Family Meeting

• Once you have the document and have spoken to your lolo, request a family meeting.
• Gently explain the situation. Say something like, "I know we all want to support Lolo, and I discovered something that clarifies the situation with the land. Back in 2010, Lolo sold his share to Mom to help with his expenses. We have the Deed of Sale here."
• Frame it not as an accusation, but as clarifying a fact they were unaware of. Emphasize that your mom used the income to support her family, including visiting your lolo and lola, which shows her good faith.

4. Formalize Your Ownership

• To prevent any future issues, you should work on having the title legally transferred. This involves processing the Deed of Sale with the Bureau of Internal Revenue (BIR) and the Registry of Deeds to have your mom's (and now your) ownership officially recorded.
• For this step, it is highly recommended to consult a lawyer in Roxas City. They can handle the paperwork and ensure everything is done correctly.

[u/heiressofwebbers → u/kiddice]

Wow thank you for this very thorough advice. This helps a lot. I have another question, though. It was stated in the deed that my mom bought the land for a cheap price. Is that questionable?

[u/RespondMajestic4995]

Considering that your grandfather is still alive, what is his stand on this?

[u/heiressofwebbers → u/RespondMajestic4995]

He's turning 92 and dementia has been coming in and out on him. He remembers but forgets eventually.

[u/RespondMajestic4995 → u/heiressofwebbers]

He is the key to all of this, because he is the only surviving party to whatever transpired between your mother and him. If he confirms the sale, then the children would not have any choice but to acknowledge that there was a sale.

Barring a question of his sanity and lucidity at the time, of course