25/12/2025
For general legal awareness only (not referring to any specific person or family).
Under Philippine law, when a child of grandparents passes away before them, that childβs legitimate children may inherit by right of representation. This applies even if the property is later transferred to another relative.
If a property originally owned by grandparents is transferred or used as loan collateral without including all rightful heirs, such transfer or mortgage may be questioned as to the excluded share. A person can only sell or mortgage what they legally own.
If a titled property used as bank collateral is still pending in RTC and not yet foreclosed, heirs whose rights may be affected can still assert or protect their interest through proper legal action, such as court intervention.
This post is shared purely for general information and legal awareness, not to create conflict or point to any particular situation.
Posting this to clarify the situation and for awareness only.
Under Philippine law, if a parent (father /mother) died before the grandparents, the children of that parent automatically inherit his share through the right of representation. This applies even if the property was later transferred to another relative.
If a property originally owned by grandparents was transferred to one child only, excluding the heirs of a deceased child, that transfer can be legally questioned. Any mortgage or loan using that property is valid only up to the actual share owned, not the excluded heirβs share.
In the case, the land is titled, currently occupied, mortgaged to a bank, and the case is still pending in RTC (not yet foreclosed). This means heirs who were excluded still have the right to intervene in court, assert their inheritance, and protect their share before foreclosure happens.
This is shared purely for general awareness and does not refer to any specific person or situation
