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Land Rights
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TOPIC: Land Rights

Land Rights 1 year, 7 months ago #258

  • jdallarte
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Please advice me regarding my query. I am named after my grandparents, and they also my parents in my birth certificate. Before they died, I already know my true mother who is their daughter. So my real mother is my sister if I have to base on my birth certificate. Now my real mother died and she has 3 kids left. My question is, there is a land named in the deed for my real mother and her siblings, but my name is not listed since I'm one of theirs too. My real mother's share should be claimed by her 3 kids. so i am left with nothing. Do I have a right to claim any share between my real mother's siblings or as sibling of my real mother's kids?
Last Edit: 1 year, 7 months ago by jdallarte.

Re:Land Rights 1 year, 7 months ago #260

  • JaneDoe
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During your lifetime, what were you regarded as? A sibling of your real mother or a son?

What are the proof that you have in assailing that you are a son of your real mother or her sibling?

I think for you be an heir you have to establish filiation and these requires evidences.

Re:Land Rights 1 year, 7 months ago #261

  • lorenjay
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As per documentary evidence, you are not entitled to get any share in case your real mother dies. To remedy your situation, you may ask your real mother to adopt you legally or to provide you with your share in the form of donation; but since you mentioned, she already passed away - these options are not applicable anymore.

An alternative, maybe seek the services of a lawyer to have your birth certificate corrected to reflect your true mother's identity.

If I am not mistaken, your predicament is almost similar to a case decided by the Supreme Court. But, honestly, I cannot recall it right now. All I can remember is that one of the party in that case tried to prove that she is related to a deceased person on the basis of church (baptismal - i think) record. Frankly, I cannot even confidently say that the decision is applicable to you; or if applicable, will it be favorable? My point is, I believe that there is no law preventing a correction of a birth certificate entry even if the parties involved had already passed away. But, the chances of a favorable decision gets slimmer.

I absolutely agree with JaneDoe that evidence will be critical here. Before proceeding, assess what evidence do you have to prove that you are not the child of the persons who appear to be your parents as shown in your birth certificate and what evidence do you have to show that you are the child of your sister?

Re:Land Rights 1 year, 7 months ago #268

  • jdallarte
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I was raised by my Grandmother, who is my mother in my birth certificate. My question is, my grandmother died and she left a land named for all her children. But my name wasn't there. Do I have the right to be a part owner of the land since I am also my grandmother's son in my birth certificate?

Re:Land Rights 1 year, 7 months ago #269

  • lorenjay
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"she left a land named for all her children," Please elaborate? What do you mean by the land named for all her children?

Re:Land Rights 1 year, 7 months ago #284

  • jdallarte
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The land title has the name of all my grandmother's children except mine.. as her son in my birth certificate. Do i have the right to ask my share too?
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