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Deed of Sale - sold by a dead person.

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1 Deed of Sale - sold by a dead person. on Thu Sep 08, 2016 10:28 pm

Hanayoo


Arresto Menor
Hello!
Before my grandfather died he had hand-written a deed of sale stating that he sold 1 of his properties to my uncle and my father to ensure that only my uncle and my father inherit/buy (since its a deed of SALE) this property. The problems are it was hand-written, it was never notarized, it wasn't properly executed (like my grandfather passed away and since nobody wants to file anything to fix the land title it was just left as it is), and nobody in my family wants to move because they also do not know what to do.

I tried searching google to know if the "hand-written" deed of sale is valid or not because my uncle said it was valid even if it wasn't notarized. Well, I personally don't think it is and the property should be divided in to 5 (which is the number of all the legitimate children of my grandfather). Since my father's other siblings know that my grandfather reserved this property to his sons only (my uncle and father) they wouldn't really mind waiving their shares.

Okay so my questions are,
How do we transfer the title in to my uncle and my father's name?
If we get an Extrajudicial Settlement of Estate in the Philippines, do we divide the property into 5 and just make the father's other siblings waive their shares?
Which of the two processes would costs more?  What a Face

Thank you in advance.

Hanayoo

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2 Re: Deed of Sale - sold by a dead person. on Tue Sep 20, 2016 2:47 pm

payoneer


Arresto Menor
Hanayoo wrote:Hello!
Before my grandfather died he had hand-written a deed of sale stating that he sold 1 of his properties to my uncle and my father to ensure that only my uncle and my father inherit/buy (since its a deed of SALE) this property. The problems are it was hand-written, it was never notarized, it wasn't properly executed (like my grandfather passed away and since nobody wants to file anything to fix the land title it was just left as it is), and nobody in my family wants to move because they also do not know what to do.

I tried searching google to know if the "hand-written" deed of sale is valid or not because my uncle said it was valid even if it wasn't notarized. Well, I personally don't think it is and the property should be divided in to 5 (which is the number of all the legitimate children of my grandfather). Since my father's other siblings know that my grandfather reserved this property to his sons only (my uncle and father) they wouldn't really mind waiving their shares.

Okay so my questions are,
How do we transfer the title in to my uncle and my father's name?
If we get an Extrajudicial Settlement of Estate in the Philippines, do we divide the property into 5 and just make the father's other siblings waive their shares?
Which of the two processes would costs more?  What a Face

Thank you in advance.

Hanayoo

It would cost more if you do things on your own. It is best to avail of the services of a lawyer for these kinds of matters. Depending on the lawyer, the professional fees might be cheaper than having future headaches.

Wink

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