QUESTION: Aldrin, a certain warehouse standing on a lot owned by our deceased father was mortgaged by my Kuya without my knowledge and consent. Is the mortgage valid?
ANSWER:
When a property is inherited, ownership passes to the surviving heirs of the deceased.
This means that…
If you and your brother are the ONLY surviving heirs of your deceased father…
(assuming your father didn’t execute a last will and testament during his lifetime)…
The ownership with respect to the properties passes on to you and your brother.
Which means that… you and your brother are joint co-owners of the parcel of land and the warehouse therein situated as an improvement.
And hence, nobody can sell, dispose, lease, mortgage or encumber this particular property without the concurrence of both you and your brother.
Having said that…
If your brother didn’t secure your consent before mortgaging the property…
Then the mortgage is invalid insofar as your ½ share in the property is concerned.
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