Dear Atty. Joji,
When our parents died, the title of our only property was turned over to my siblings. While the property is still named under our parents, I fear that my siblings will sell or mortgage the property without my consent since they are jobless. What can I do?
Asunta
Dear Asunta,
An adverse claim is a formal statement in writing, made by another, claiming rights or interest in registered land, which is averse to the registered owner.
You may register your claim to the land under the provision of Section 70 of the Property Registration Decree (Presidential Decree 1529) as an adverse claim to protect your right as an heir to the land left by your deceased parents.
The adverse claimant must state in writing his alleged right or interest, how and under whom such alleged right or interest is acquired and the description of the land upon which the right or interest is claimed and his residence or place to which all notices may be served upon him. The said statement must be signed and sworn to before a notary public or other officer authorized to administer oath and filed at the Register of Deeds where the property is registered.
The annotation of the adverse claim is a measure designed to protect the interest of a person over a piece of real property and serves as a notice and warning to third parties dealing with the said property that someone is claiming an interest on the same or a better right than the registered owner thereof (Sanchez Jr. vs Court of Appeals, 69 SCRA 332).
The adverse claim is effective only for a period of 30 days from the date of registration. After the lapse of the said period, the annotation of adverse claim may be cancelled upon filing of a verified petition therefor by the party in interest (Section 70, P.D. 1529). Thus, after the annotation of your claim, we suggest that you initiate an extrajudicial or judicial partition. In extrajudicial partition, or settlement, you and your siblings may divide the property left by your parents based on an amicable agreement. The register of deeds shall cancel the title registered under the name of your parents and shall issue separate titles for each of the heirs upon registration of the deed of extrajudicial settlement. However, if one of the heirs refused to have a partition, you may file for a judicial partition. Here, the court shall appoint not more than three commissioners to make partition if efforts for amicable settlement failed. Thereafter, it may order partition in accordance with the report of the commissioners or set it aside and appoint new commissioners or accept the report in part and reject it in part and may make such order and render such judgment as shall effectuate a fair and just partition of the real estate (Rule 69, Rules of Court).
Hope this helps.
Atty. Joji Alonso