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8. Sold Apartment With Owner Inside

Alberto and Janine migrated to the United States of America, leaving behind their 4 children, one of whom is Manny. They own a duplex apartment and allowed Manny to live in one of the units.

While in the United States, Alberto died. His widow and all his children executed an Extrajudicial Settlement of Alberto’s estate wherein the 2-door apartment was assigned by all the children to their mother, Janine. Subsequently, she sold the property to George.

The latter required Manny to sign a prepared Lease Contract so that he and his family could continue occupying the unit. Manny refused to sign the contract alleging that his parents allowed him and his family to continue occupying the premises.

If you were George’s counsel, what legal steps will you take? Explain. 5%

1 comment:

Anonymous said...

VIII.

I will file an ejectment case against Manny. Manny lost his right to the apartment when he consented to the assignment thereof to their mother who subsequently sold the same to George. George therefore acquired the ownership and possession of the apartment. Having acquired ownership of the apartment, George has the right exclude others from its enjoyment.