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Can a minor sell her property?

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1 Can a minor sell her property? on Sun Oct 28, 2012 10:10 pm

pauloian918


Arresto Menor
Dear Atty,

My niece inherited a piece of land from her late Grandfather. This land is duly registered under her name. Now her mother wants to sell that piece of land. Accordingly, the mother intends to sell it in order to financially aid the studies of my niece as she is graduating from high school and intends to pursue her studies in Manila.

Actually, the mother has already approached me and was offering that piece of land to me. I am ineterested to purchase the subject land but a friend of mine told me that since my niece is a minor, she is therefore incapable of selling her property.

Questions:

1. Is is true that my niece is incompetent and not authorized under the law to sell her property?

2. What if she will be represented by her parents, will the sale be considered legal?

Thanks Atty and Godspeed!

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2 Re: Can a minor sell her property? on Thu Nov 01, 2012 5:25 pm

attyLLL


moderator
ask the register of deeds if they'll accept the parents' signature as sufficient or whether they will require an order of guardianship from the court


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3 Re: Can a minor sell her property? on Thu Nov 01, 2012 6:09 pm

Arbiter


Arresto Menor
pauloian918 wrote:Dear Atty,

My niece inherited a piece of land from her late Grandfather. This land is duly registered under her name. Now her mother wants to sell that piece of land. Accordingly, the mother intends to sell it in order to financially aid the studies of my niece as she is graduating from high school and intends to pursue her studies in Manila.

Actually, the mother has already approached me and was offering that piece of land to me. I am ineterested to purchase the subject land but a friend of mine told me that since my niece is a minor, she is therefore incapable of selling her property.

Questions:

1. Is is true that my niece is incompetent and not authorized under the law to sell her property?

2. What if she will be represented by her parents, will the sale be considered legal?

Thanks Atty and Godspeed!

1.Under the Civil Code, the sale by a minor of her property is voidable which means it is valid until annulled. However there will be a problem in the registration of the sale in order to have the title transferred in your name as the minor would have to execute a deed of sale and I doubt it if notaries public would acknowledge the sale knowing that the seller is a minor as the latter would have to present herself personally together with a valid ID with picture before the notary public. I am just assuming that the Notary public is really complying with the notarial law because, sad to say, some notaries are just after the percentage that they will receive based from the selling price.

Another problem that I can see is the payment of capital gains tax (CGT). The seller is required to pay the CGT so that the Buyer could obtain a Certificate of Payment of Tax from the BIR. The certificate of Payment of tax is one of the documents needed before the Register of Deeds. In order that the seller could pay the CGT, she needs to have a TIN number. A minor cannot obtain a TIN No.

2. The parents cannot represent their minor child in the transaction as the property involved is more than Php 2,000.00. The parents concerned should post a judicial bond before the Family court which is an additional expense and the proceeding could last for more or less 7 months.

I have a question. In the Transfer of Certificate of Title, is it indicated therein that the minor is a minor or of legal age?

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4 Re: Can a minor sell her property? on Mon Nov 05, 2012 5:34 pm

pauloian918


Arresto Menor
My utmost appreciation for taking time to reply to my queries.

The mother claims the sale will nontheless be considered vaild because the proceeds of the sale will redound to the benefit of the minor, the same will be used to finance her studies? Is this true?

To Arbiter: I have not seen the TCT but I presume that "MINOR" was inidcated thereto as I was told that it is already registered under the name of the minor.

But with what you have discussed, I am now more informed and thus cautious in purchasing the aforemntioned land. Truly grateful to both of you Attys.


But here's another situtaion and my corresponding queries:

1. A piece of land is registered under the name of "Maria", she just recently passed away and was survived by sons, "Juan and Pedro". Juan is now selling his share in the piece of land.

Questions:

a. Can Juan sell his share in the piece of land even if the same was not yet subdivided among him and his brother, Pedro?

b. Granting he can sell his share in the piece of land, what would be the technical description of his share in the piece of land as would appear in the deed of sale?

I have checked other Deed of Sale invovling Real Property and I have seen the description of the land as described in the TCT, thus I am worried that the portion of the land that Juan intends to sell is also the same portion that his borther is interested.

It is interesting to note that the left protion of the land has a right of way while the opposite portion has none. The former is what Juan wants to sell.

Another question: Is it true that it would be better to execute a Deed of Donation than a Deed of Sale, as in the latter the payment of taxes would be lesser as compared in the former.

Once Again, Thank you so much Attys and Godbless!



Last edited by pauloian918 on Mon Nov 05, 2012 5:43 pm; edited 1 time in total

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5 Re: Can a minor sell her property? on Mon Nov 05, 2012 5:37 pm

pauloian918


Arresto Menor
attyLLL wrote:ask the register of deeds if they'll accept the parents' signature as sufficient or whether they will require an order of guardianship from the court


Ok Atty, I will inquire that matter to the Register of Deeds. Thank you very much!

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6 Re: Can a minor sell her property? on Sat Nov 10, 2012 12:11 am

attyLLL


moderator
1) yes, but watch out for payment of estate tax
2) none yet, unless you it is partitioned, you just become a 50% owner of an non-defined area.


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