Asking for Advise-------->
A certain Manny who died sometime in 1962 has an 8heirs, without leaving a will or obligations and upon his death he left a parcel of land containing an area of 36,786 sq. meter. Now a daughter of Marcelo or 1 of the 8heirs named Princess sold,cede and Conveyed her Rights for the said parcel of Land sometime in 1972 to my Mother,Dionesia(single during that time) for consideration of P3,000 during that time and Excecuted a Deed of Absolute Sale of Rights that says:
That the above-described parcel of land is not yet brought under the provisions of the Land Registration Act nor under the Spanish Mortgage Law and i agree to register this document under Act.3344 as amended.
That said land is not subject to leased and is not covered by Land Reform Code.
Now here is the situation, My Mother Dionesia has not able to Register the said rights or Property under Act.3344 and i cannot find a documentary stamp in the Deed of Absolute Sale of Rights as well as the Atty. Seal. However,the Deed of Absolute Sale of Rights was Signed by a Witness and a Thumb Mark by a Seller and entered into a Log by a Notary Public and was signed.
My Question is, 1.what is our best move today to Register the said property? 2.Is the Deed of Absolute Sale of Rights valid without Atty.Seal and no Documentary Stamp? i cannot really determine if the documentery stamp and Atty.Seal was cast out or was not visible due to a long period of time. We did check it with the Atty. who Notarized it and he told us that he doesnt have a Copy of this Document anymore.He says it was submitted to a??? already. 3.Is the Act.3344 is still the best way to register it? i once able to read that: Under Act No. 3344, registration of instruments affecting unregistered lands is ‘without prejudice to a third party with abetter right.’ What does it mean??? Do we still need to Register it under Act.3344 or if not where?? or what is the Best way or Best move to this??? 4.Is it posssible for us to have the Property Register under what Act?? and have it issued a Title?
Thank You and Hoping to a Best Advise on this matter. God Bless!!! and Thank You in Advance...