Heir to Sell Property Philippines

Rights of a Compulsory Heir to Sell Property and Address Occupancy Issues in the Philippines

Query:

The individual is a compulsory heir who inherited a house in the Philippines. Their nephews, children of their deceased sister, refuse to vacate the property. The individual is inquiring about their rights to sell the property and how to handle the situation.

Answer:

Compulsory Heirship and Ownership:

As a compulsory heir under Philippine law, you have the legal right to your inheritance, which in this case is the house. This right is protected under the Civil Code of the Philippines, particularly under Articles 887 to 1080, which cover succession and inheritance.

Right to Sell:

If you are the sole owner of the property, you have the right to sell it. If there are other compulsory heirs, you'll need their consent to sell the property.

Steps to Address Occupancy Issue:

1. Legal Notice: The first step is usually to send a formal eviction notice to your nephews, asking them to vacate the property within a specified time frame.

2. Legal Counsel: Consult a lawyer experienced in property law and succession to guide you through the legal complexities of eviction.

3. Judicial Remedies: If your nephews refuse to comply with the eviction notice, you may initiate an ejectment case or an unlawful detainer action in the proper courts.

Other Considerations:

• Partition: If the property is co-owned, you may petition for a partition to separate your share, making it easier to sell.

• Estates and Taxes: Ensure that estate taxes have been properly paid and that the property title has been transferred to your name before attempting to sell it.

Summary:

As a compulsory heir, you have the right to sell your inherited property. To address the occupancy issue, a formal eviction notice followed by legal action can be initiated if your nephews refuse to vacate the premises.

Note: This article is intended for informational purposes only and should not be construed as legal advice. Consult a qualified lawyer for advice tailored to your specific circumstances.