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Transfer of Land Title if Person Named as owner on the title is already dead

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gate2oblivion


Arresto Menor
Hi, good day. I have a dilemma with regards to the transfer of title of our land (on which our house stands) so I thank you in advance for any help you can extend to us. (This is gonna be a long story so I hope you can bear with me)

See, the land on which our house was built already has a title BUT it's not under my mom's name. It's under the name of her uncle with whom she transacted many years ago. This uncle SOLD the land to her and her mom (my grandmother) for an amount but they never got around to register the title under their name. Usapan lang, as they say. You know how it is in provinces during the old times. Kama-kamag-anak. At this point, I must say that it's my mom's mistake not to do so, as it would have been easier waaaaay back. But then, we can't do anything about that anymore so my only concern now is how I can transfer the title to my mom's name or my name since her uncle has long been dead. What I know in cases where the land is named after a dead parent, is that the children can claim the land (given that they provide the necessary documents) but what about in this case where the claimant is only a niece of the owner? My mom's uncle have children, so would we have to need their help on this? and how? The title is in our possession and the children of the owner (my mom's cousins) have no interests in claiming the land (hopefully) as they are aware of and duly respect the transaction made by my mom and their father. But even if this is the case, we decided that its best to do things the correct and legal way to avoid any problems with the land in the future. We would like to transfer the title to our name once and for all.

I hope you help me out with this. Thank you in advance for any advice you can give. Kudos!

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karl704


Prision Mayor
i think you can ask the heirs of the deceased uncle to execute a deed of sale in your favor

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Ladie


Prision Mayor
Opinion ko lang...siguro iyong mga heirs ng deceased uncle mo can execute an extrajudicial settlement with waiver donating the property to your mom or you, rather than executing a deed of sale wherein taxes needed to pay are high..i.e. documentary stamp tax 1.5%, capital gains tax 6%, and others. While in deed of donation to relatives, the tax is lesser. In addition to these taxes, since the owner is now deceased, estate tax with penalty from date of death of owner to date when you file the estate tax returns are to be paid too. These taxes are payable to BIR, while the transfer tax is payable to your municipal treasurer's office and the registration fees to put the title in your mom's or your name are payable to the Register of Deeds (mahal din ito kung computerized na ang titulo). Think of other expenses also like notarial and lawyer's fee. Opinion ko lang ito, hindi ako abogado or accountant, pangkaraniwang tao lang ako.

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