A reader writing under the name Tata seeks advice from Papa Joe regarding a family dispute over inherited land. Tata explains that the land was left by their grandfather and is currently occupied by all his children and grandchildren. However, most of the cousins have already claimed and built homes on the property, leaving little space for others.
The Problem
Tata wants a portion of the land from his father's side to build a small house for his family, especially as his children are about to start school and he wishes to avoid renting a boarding house. When he requested a space to build, his relatives told him that the land is on a first-come, first-served basis. They are now ignoring him and even speaking ill of him, saying he only showed up now. Tata questions whether he has any rights to the land.
Papa Joe's Advice
Papa Joe, while clarifying he is not a lawyer, explains that if other grandchildren have been living on the land, they have also established their own rights. Under the law, the land should be divided among all heirs. If the parents of Tata are still alive, the division can be done through them. However, if they have passed away, it is best to consult a lawyer.
If Tata does not have the budget for a lawyer, he can try to settle the matter at the barangay level. The barangay officials can explain to the relatives that the law does not recognize first-come, first-served claims. Ideally, parents should properly divide the land among their children while they are still alive to avoid conflicts, as some people can be greedy or take advantage of the situation.
Papa Joe advises Tata to seek legal assistance or barangay mediation to assert his rights and secure a portion for his family.
