Understanding Rights to Pawned Property: Navigating Family Disputes and Lost Titles

Q1: Can the verbal agreement between us and our late parents-in-law regarding the ownership of the property be honored?

In the context of Philippine law, verbal agreements can potentially be honored, but proving the agreement in court can be challenging without written evidence or witnesses to corroborate the claim. If you have evidence or witnesses to support your claim about the verbal agreement, you can potentially enforce this agreement.

Q2: What should we do considering the title to the property is lost?

If the title to the property is lost, the first step is to report the loss to the police and the Registry of Deeds. You would then need to apply for the issuance of a new owner’s duplicate copy of the title through a petition in court. During this process, it would be beneficial to gather all relevant documents, such as tax receipts or other evidence showing your possession and use of the property.

Q3: What does it imply if my sister-in-law changes the name in the tax declaration?

Changing the name in the tax declaration does not automatically transfer the ownership of the property. However, it can be a step towards establishing a claim over the property in the future. Tax declarations can be a supporting document in court to establish possession, but it is not conclusive proof of ownership.

Q4: Can we prevent the name change in the tax declaration?

Yes, you can prevent the name change in the tax declaration by objecting to it legally. It would be wise to consult with a lawyer to discuss the necessary legal steps to prevent this and protect your interests.

Q5: What should we do to secure our rights to the property as the ones who redeemed it from being pawned?

To secure your rights to the property, consider the following steps:

Gather evidence of your payments made to redeem the property.
Secure affidavits from witnesses who can attest to the verbal agreement.
Apply for the reconstitution of the lost title in your names.
If possible, come to an amicable settlement with other heirs to avoid legal disputes.

Conclusion

It is essential to act promptly to secure your legal rights to the property. Gather all necessary documents and evidence to support your claim and consult with a lawyer to guide you on the best course of action to take, given the complexities surrounding verbal agreements and lost titles. In the Philippines, resolving this kind of family dispute might require a thoughtful and well-strategized legal approach to secure your rights over the property.