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deed of sale not yet notarized, seller died

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1 deed of sale not yet notarized, seller died on Sat Jul 20, 2013 10:49 am


Arresto Menor
hello.gusto ko po humingi ng legal advice kung paano po ang gagawin kung gusto po namin panotaryuhan yung deed of sale (signed by seller and buyer) pero patay na po yung seller (husband only) ngayon. 3 years back, the deed of sale was signed by both parties (seller and buyer) but we don't notarized it yet that time due to financial problem. buhay pa po yung wife(seller). pwede ho bang yung wife na lang ang mag-appear sa notaryo ngayon?ano man pong kasagutan attorney ay makakatulong po. salamat po

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the notary will be come liable for notarizing a document when one of the parties is dead, but you might find one willing to risk his license. all involved can be charged with falsification.

the more proper remedy is to file a case in court for confirmation of sale or quieting of title.

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Arresto Menor
Thank you po. Kung dadaanin po nmin sa tamang paraan, ano po ang dpat gawin nmin pr maayos po ung binili nming lupa? Ang meron lng po kmi ay yung signed deed of sale (3years back) at yung tct po.anong documento pa ho ang dpat maihanda pr maitransfer yung title?

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Prision Correccional
In Legal ways, Kelangan gumawa ulit ng another Deed of Sale signed by the seller and buyer. Sa part ng Seller, since that the husband is already deceased, they have to execute an Extra Judicial Settlement of Estate signed also by the "wife" and her "children". Yun nga lang, asid from Capital Gains Tax at Doc.Stamp Tax, magbabayad pa kayo ng Estate Tax sa BIR kapag ita-transfer nyo sa pangalan nyo yung titulo.

You may consult your lawyer to make the said documents for you.

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Arresto Menor
Maraming salamat po sa inyong tulong.malinaw n po ang lahat.

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