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Suklian sa Lupa (Extrajudical Settlement)

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1 Suklian sa Lupa (Extrajudical Settlement) on Mon Aug 10, 2015 7:43 pm


Arresto Menor
Hi Good Day,

I just want to ask about Extra judical settlement,

This is the matter...

My Mother is one of the hier in a small piece of land where our house is located, also in  that small piece of land our relatives also resides within it...

My Mom, and my aunt is the remaining hiers (First Generetion), and because the other first generation hiers died, they past their piece of land to their Sons and Daughters

Now when my Mother's nephew died (also residing in the piece of land where our house is located) , his remaining brother decides to sell the their share of the property to us...which we accept as our land space where our house is located is very small

Then when the remaining hiers heard that one of the hiers sell their share to us they immediately approach us to sell their property as well...

I immediately make a statement of agreement where it is stated that they already sell their share to us, that they don't have anymore rights to the said piece of land,...they signed the agreement witnessed by one of Barangay Kagawad in our place and Brgy. Captain aswell, I also Video Record the agreement.

Now my question is this

1. Does this serve as a Extra-judical settlement by Philippine Law?

2. Do they still have rights in the said piece of land despite having signed the agreement

3. How can we transfer the land title to ours (we have the OCT )

Thank you very much in advance to your answers!!!

God Bless us all!

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2 Re: Suklian sa Lupa (Extrajudical Settlement) on Wed Sep 02, 2015 1:27 am


Prision Mayor
Julius23 wrote "Does this serve as a Extra-judical settlement by Philippine Law?"

I don't think it can serve as such.  Read Rules 73 of the New Rules of Court.

Julius wrote: " How can we transfer the land title to ours (we have the OCT )"  

I suggest you go to the Register of Deeds where the property is located to find out what documents they require.  I think if the OCT is not in the names of those who sold their portion of the property and the names already dead, you will need many documents, i.e., extra-jiudicial settlement of Estate of Deceased Persons or judicial settlement, payment of estate tax and transfer tax, tax declarations, certification of publication of the settlement, certificate of realty tax payment (amilyar), deed of absolute sale.  These documents were required by Register of Deeds when I transferred a OCT to my name of a property I purchased owned by deceased parents of the seller(s).

NOTE:  I am not a lawyer but just an ordinary person trying to share my opinion, knowledge and experience that maybe of help to you..... Ladie

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3 Re: Suklian sa Lupa (Extrajudical Settlement) on Sat Sep 05, 2015 11:49 am


Reclusion Perpetua
You better execute an extrajudicial settlement with absolute sale. You make all heirs sign including those who sold their shares. In conveyance, it must be notarized to be valid. You go to a public notary.

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