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Unable to find land owner's name using deed of sale

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cess_reign


Arresto Menor
Good evening. Please advise me on what to do about this problem. My late grandma bought the land in 1975 but failed to convert the deed of sale to a title. When my grandma passed away, my Uncle wanted to sell his share on the 7 hectare property, so we can own the whole place. My father passed away two years ahead of my grandma, so we are acting on his behalf. When I went to the Municipal Treasurer's Office, the staff there could not find any registered document about the land. I only have the old deed of sale and the cadastral plan of the land taken last 1991. A parcel of the land was sold sometime in 2000, and I am wondering why we cannot find any records of it. My Uncle could not find any old tax payment receipts which could help us trace the tax history. There is also a tax ID number on the deed of sale, but still no use. I hope you could help me on this matter. Thank you in advance.

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Lunkan


Reclusion Perpetua
"My Uncle could not find any old tax payment receipts which could help us trace the tax history. There is also a tax ID number on the deed of sale, but still no use."
Both sides seem to have bad order of the documents Smile I guess you don't find any reciepts because the property tax isn't paid in long time. Or do any of the still alive relatives remember any such pay?
It's remarcable the Municipal Treasurer's Office can't find it when you tell them the number ! Perhaps this can be lucky for you concerning unpaid property tax.
Tax need to be paid to get a SELL aproved,
but it seem the Municipaly don't notice/bother if you USE it, without paying property tax. Or perhaps the Municipaly change their mind to demand property tax now when you have told them.
How eager is your uncle to sell?
Can it be an alternative YOUR side of the family buy it?

Otherwice it will be complicated to "solve". Ask the Municipaly what idea they have to solve the PART of the mess depending of they don't find the number.

IF you want to transform the land to Titled:
"My late grandma bought the land in 1975 but failed to convert the deed of sale to a title. "
I suppouse that mean it HADN'T any title, when she bought it.
Because of (=if) property tax isn't paid in long time, you PROBABLY wouldn't get aproval to get it changed from tax property to Titled, because a MINIMUM demand for that is property tax has been paid the last 10 years, then it can be APPLIED to get title, but not even then is it sure to it approved, although most of them get approval. (Owned since 1947 and tax paid sure get approval.) But it don't hurt to ask if it's enough with a document from the Municipaly the tax is paid 10 years.
IF so, include that when you talk with the Municipaly. Perhaps they agree to write a document saying the tax is paid for the last 10 years, if you pay the dept for the last 10 years.


Undepending of if you transform the property to Titled or not, it can be sold, but you need Extrajudical process concerning the INHERITANCE to make clear who is owner.
To split it to sell part of it, I suppouse you need a survey.
The buyer will want proof the property tax is paid too, if he isn't stupid Smile or get it veeeery cheap.

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3 Thank you Yesterday at 6:16 am

cess_reign


Arresto Menor
Thank you Sir for your reply. I will go back to the Municipal Treasurer's Office on Monday and talk to them again. It is really frustrating that we could not find any proof of tax payments. My uncle is 100% willing to sell his share, and we are also very eager to buy it.

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Lunkan


Reclusion Perpetua
cess_reign wrote:My uncle is 100% willing to sell his share.
Yes, but want someone in the family buy and afford to?

If so you can make the "simple" solution and just make it internal without involve officials (if they don't react themselves by they are woken up now Smile

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cess_reign


Arresto Menor
My sisters and I wanted to buy it and secure a title under our names, but we may have to spend huge amount for the process (unpaid taxes and legal fees). Sigh!

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Lunkan


Reclusion Perpetua
cess_reign wrote:My sisters and I wanted to buy it and secure a title under our names, but we may have to spend huge amount for the process (unpaid taxes and legal fees). Sigh!
Yes to make it compleete,
but IF the Municipaly don't do anything now after you asked them,
then you can go on as before, just make documents for the sale now and wait with the rest until you can afford it. But price it fair counting with the tax dept.

An alternative can be, if you agree with you uncle. the tax depts and transfer fees are paid now, and your uncle is paid with downpayment plus then pay after each harvest until all is paid.

Depending of where it is, but in most provinces is it very hard to find buyer for agri land.

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cess_reign


Arresto Menor
I agree with you, Sir. We will try to fix this problem as soon as possible since the tax due is accumulating every year. My Uncle already borrowed some money from us, that is the primary reason why he is selling his share. He has no other means to pay us, and he wants to save some in the future. Of course we want everything legal as much as possible. Thank you for your help. :-)

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Lunkan


Reclusion Perpetua
cess_reign wrote:I agree with you, Sir. We will try  to fix this problem as soon as possible since the tax due is accumulating every year. My Uncle already borrowed some money from us, that is the primary reason why he is selling his share. He has no other means to pay us, and he wants to save some in the future. Of course we want everything legal as much as possible. Thank you for your help. :-)
I see.
Well. Perhaps the tax office will forget you again Smile
I don't know if there is a time limit for depts in the Philippines. (In my home country it's 10 years, elder depts than that are ERASED - except if the dept is demanded/reminded later, then 10 years are counted from the last remind date.)
If you are lucky they start counting from now, because they had lost the number Smile
If the tax office demand very much, you can try to get an agreement with someone at higher position with right to make deal, to get the total sum reduced because they had lost the number, so they can't see (if) your grandmother paid...

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