Hatian sa lupa, agricultural residential property, siblings direct heirs, tilling land

anonymous
This person has chosen to hide his/her identity.

Limang magkakapatid ang father ko. Namatay ang grandparents ko na hindi man lang nahati hati sa kanila yun mga lupa (residential & agricultural). Nung 2009 namatay po yung father ko. Kinuha ng mga kapatid nya yun mga lupa na sinasaka namin which is meron din naman sila. At pati yun kinatatayuan ng bahay namin gusto nila kunin. Bilang anak may right po ba kami na ipaglaban yun sa amin, kahit na yun makakalaban namin eh mga kapatid ng father ko? At isa pa, sinabihan nila mama ko na wala sya right kasi asawa lang sya (married). Sa ngayon lahat ng farm namin ay nasa kanila at natira lang sa amin yun kinatatayuan ng amin bahay.


Translation: My father has 4 siblings (they are 5 siblings in all). When my grandparents died (parents of my father), their land was not divided properly (residential and agricultural). In 2009, my father died. My father's siblings took the land that we were tilling, even though they had their own share of the agricultural land. They even want to take the land where our house is built. As children of my father, who is a direct heir, do we have the right to fight for our share of the land, even if we would be fighting against my father's siblings who are direct heirs? Also, they are saying that my mother does not have the right to the property, because she is only the wife of my father, but my mom and dad are legally married. Now, the whole farm is in their control, and what is left is the land where our house is built.

 

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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
kahit kasal, kahit hindi kasal ang parents mo, ang kanilang mga anak ay may karapatan sa share ng tatay mo. so, kung lima silang magkakapatid, kayo ay may karapatan sa 1/5 share ng lupa. Kayong magkakapatid pati na ang nanay ninyo ay may karapatan sa 1/5. So, kung 100 square meters ang lupa (halimbawa lamang), ito ay idi-divide sa lima. So, tig-20 square meters ang bawat magkakapatid. Sa inyong pamilya, mapupunta dapat ang 20 square meters. dito kayo maghahati-hati magkakapatid, pati na ang inyong ina.

Get a lawyer. As I cannot see any of your documents, I cannot be able to tell precisely what your rights are.

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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