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Deed of absolute sale

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1 Deed of absolute sale on Tue Jan 18, 2011 8:59 am

yeane


Arresto Menor

Magandang umaga po,

may tanong po ako tungkol sa Deed of Sale na ayaw po pirmahan ng anak ng nagbenta ng Lupa sa amin.di po ba kumpleto ang transaction pag ganon?kailangan po ba na may concent ang anak para maibenta ng tatay ang lupa nya?Farm land po eto

Salamat!

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2 re: deed of sale on Wed Jan 19, 2011 1:26 am

dyames


Arresto Menor
i think that you should check again what is the source of the property that you bought. for example if it was acquired by the vendor from the government there may be certain terms or agreement provided therein that prohibit the sale or any kind of alienation of the land.

generally, if the property is titled and registered in the name of a person like the vendor-father in your case the children have no say on the matter since they only have an inchoate right in the property.

nevertheless, you should try to register the your deed of sale to the register of deeds and have the tct together with you upon registering. this too will help you know if there is a problem. Very Happy

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3 Re: Deed of absolute sale on Wed Jan 19, 2011 1:31 am

yeane


Arresto Menor
minana din po un ng seller sa magulang at ngayon eh nakapangalan na sa kanya.nakasama po kc ung pangalan ng anak sa Deed of sale as heir's consent para isa sa mga pipirma.kailangan po ba talagang isama ung anak?sya na lang po kc ang di nakapirma.

(bago po namin pinagawa ung deed of sale nacheck na po namin sa registry of deeds at clean title naman po)



Last edited by yeane on Wed Jan 19, 2011 1:32 am; edited 1 time in total

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4 re: deed of sale on Wed Jan 19, 2011 1:31 am

dyames


Arresto Menor
i think that you should check again what is the source of the property that you bought. for example if it was acquired by the vendor from the government there may be certain terms or agreement provided therein that prohibit the sale or any kind of alienation of the land.

generally, if the property is titled and registered in the name of a person like the vendor-father in your case the children have no say on the matter since they only have an inchoate right in the property.

nevertheless, you should try to register the your deed of sale to the register of deeds and have the tct together with you upon registering. this too will help you know if there is a problem. Very Happy

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5 re: absolute deed of sale on Wed Jan 19, 2011 5:25 pm

dyames


Arresto Menor
the heir's consent is not essential to the validity of the contract. the heir has no right over the property because the property belongs to the father-vendor. his rights if any is merely inchoate and will only come into the picture once his father dies.

this is true provided the property is titled and registered solely in the name of the father-vendor. Very Happy

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6 Re: Deed of absolute sale on Wed Jan 19, 2011 11:10 pm

yeane


Arresto Menor
Thanks po..the property is titled to the father and the mother- w/c is already dead.
so ibig po nila sabihin kahit wala na pong pirma ung anak sa deed of sale pde na namin i transfer ung title ng lupa sa pangalan namin?

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7 Re: Deed of absolute sale on Thu Jan 27, 2011 1:03 am

dyames


Arresto Menor
you must try to demand first from the holder of the owners duplicate certificate of title its surrender to you if possible since this together with your deed of sale will be the RODs basis for registering your right to the property, if not then you must go to court to protect your rights...

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8 Re: Deed of absolute sale Today at 10:28 pm

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