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Process of land transfer

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1 Process of land transfer on Fri Jan 04, 2013 2:47 pm


Arresto Menor
May minana po ang mother ko sa parents niya sa bohol. Bunso po siya sa 7 na magkapatid. Gusto ko po sana ayusin yung mga pagpaLand title etc..Ano po ba ang dapat kong unahin? Ang sabi po ng tita ko nasurvey na po daw yun at equally divided na. pero la po ako tiwala sa mga kapatid ni mama kasi iba yung sinasabi nila sa sinasabi ng surveyor re sa sharing nila.Di ko naman po alam kung anu yung tama at dapat ko sundin. At gaano po kaya katagal at magkano po kaya ang magagastos namin (estimate). Hope you could help me on this matter.Thank you.

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2 Re: Process of land transfer on Fri Jan 04, 2013 3:18 pm


Arresto Mayor
If the decedent died intestate, the property left is/are subject for extra-judicial or judicial settlement. If extra-judicial, all heirs must participate the partition and must sign the documents. After the survey, a subdivision agreement and/or Deed of Partition must also be executed to assign their respective lots.

Extra-judicial settlement of estate shall be published to a newspaper of national circulation for 3 consecutive weeks.Secure Affidavit of Publisher and copy of newspapers.

Submit the document to BIR for compliance of inheritance tax and to issue CAR or Certificate Authorizing Registration.

Consult DAR if agricultural to secure DAR Clearance. If not, secure certificate of NO or WITH improvement from Mun. Assessor's Office.

Pay transfer Tax at the PTO or Provl. Treas. Office.

Then Submit CAR and other papers to the Registry of Deeds for registration and inscription in the registry book.

After the survey approval, submit to RD the approved survey plan and Narrative Technical Description for the issuance of separate individual titles if the mother lot is already titled, if not, proceed to CENRO and apply for Administrative Confirmation of Imperfect and Incomplete Title or through Judicial titling.

Expenses, to be determined by BIR, PTO, RD and MTO for realty tax arrearages.
Documentation and notarial, consult the notary public.

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3 Re: Process of land transfer on Fri Jan 04, 2013 3:55 pm


Arresto Menor
Thank you for your help Sir/Ma'am Villafuerte. My grandparents were already deceased. A while ago I called the surveyor and he told me to ask my aunt regarding this matter. So I called my aunt (my mother told me that she's the administrator) and i asked her regarding this and she only answered "Bahala na kayo, kung ayaw nyo ko bayaran edi kayo ang mamoblema.Dapat nga bawasan pa mana ng nanay mo kasi di kayo nagshare sa gastusin sa hospitalization ng lolo at lola mo.". Is it right? If we can't afford to pay them, we'll allow them to deduct a part of my mothers share?Should I go to Bohol and do it all by myself than to have their assistance?Is there any legal action should I do regarding this?

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4 Re: Process of land transfer on Fri Jan 18, 2013 11:38 pm


Arresto Mayor
To avoid estate tax penalty with the BIR, within 60 days upon death of the decedent, any of the heirs must notify the BIR stating therein the date of death of the decedent who have left real property. And within such period, the heirs must submit the EXTRAJUDICIAL RESETTLEMENT OF ESTATE to partition and to transmit the property to the heirs.

All obligation of the decedent during his/her lifetime shall be transmitted to the heirs with respect to the property left only. So dapat bayaran ng heirs ang naiwang utang ng namatay na manggagaling sa property naiwan. Kung may sumubra yon lang ang subject sa partition ng mga tagapagmana.

Ang gastos sa pagpapagamot, burol at libing ay kasama sa obligasyon na dapat bayaran sa taong nagabuno o gumnastos before hatiin ang mana.

All heirs may assign who will be the administrator of the property if it retains in co-ownership. If such appointment is indeterminate, any of the heirs may file a petition in court for administration.

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