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.
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