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Unnotarized Deed of Sale

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1 Unnotarized Deed of Sale on Mon Mar 06, 2017 10:10 pm

MerryMoo


Arresto Menor
Hi, just want to seek advice as my dad would like renovate and add another floor to our current house. I know that we need a building permit of it but upon checking, the deed of sale of our house was not notarized. My parents bought it last 2007 though the title is in my Dad's name ( I don't know how it happened) and we pay yearly amillar. The deed of sale didn't show/say that the propertt will be bought by 2 different parties (lot was 240sqm, my parents only biught 140sqm).

Can we use the same unnotarized document dated 2007 and have it notarized this 2017? They said that we need to 1% of it which is okay by us however the other party who bought the other half of the property don't want to pay for it as they do not need it (their house is already finished).

Can we pay just the 1% penalty of our share?

Looking forward to your response.

Thank you.

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2 Re: Unnotarized Deed of Sale on Tue Mar 07, 2017 7:49 pm

betchay001


Reclusion Temporal
So you already have the title in your father's name, you said? Then the seller used a different Deed of Absolute Sale (it had to be notarized and stamped by both BIR and RD for the title to be transferred to anyone, in your case, your dad.) Kindly check other documents in your possession such as Tax Dec of property. If the title is in your dad's name, what do you need the DOAS for?

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3 Re: Unnotarized Deed of Sale on Wed Mar 08, 2017 6:45 pm

MerryMoo


Arresto Menor
Hi Betchay,

Yes, the title is in my dad's name. We just need the DOAS as a requirement to get another building permit as we will add another floor to our current house and to pay any necessary tax adjustment in the tax declaration.

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4 Re: Unnotarized Deed of Sale on Wed Mar 08, 2017 8:04 pm

Lunkan


Reclusion Perpetua
MerryMoo wrote:Hi Betchay,

Yes, the title is in my dad's name. We just need the DOAS as a requirement to get another building permit as we will add another floor to our current house and to pay any necessary tax adjustment in the tax declaration.
I BELIEVE the handler don't know what he is talking about Smile
The TITLE name show the necesary by DOS is checked in the TITLING process BEFORE the title is transfered...

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5 Re: Unnotarized Deed of Sale on Thu Mar 09, 2017 9:40 am

betchay001


Reclusion Temporal
To get a building permit:

Building Permit Requirements in the Philippines

Properly filled-up application forms duly signed and sealed by engineers concerned:
Building Permit Forms (5 copies)
Electrical Permit Forms (3 copies)
Sanitary Permit Forms (3 copies)
Five (5) complete sets of Detailed Plans
For construction of two-storey building:
Structural Design Analysis – signed and sealed by Civil Engineer at every page

For construction of more than two-storey building:
Boring and Plate Load Test
Seismic Analysis

Proof of Property
Photocopy of Transfer Certificate if Title (TCT)
Photocopy of tax Declaration of Property-lot (Certified True Copy) – 5 copies
Photocopy of Current Tax Receipt (5 copies)


Since you already have the title under your dad's name, you will not need a DOAS that you will still notarize.  

If property is not registered under the name of the applicant:
Submit 5 copies of any of the following:
Contract of Lease
Contract of Sale
Affidavit of Consent of the Lot Owner for the construction of building/house
Deed of Absolute Sale

Permit Billboard (0.60 X 0.90 Plywood with the following contents):
Bill of Materials and Specification (5 copies) – signed and sealed by an engineer or an architect at every page
Locational Clearance
Photocopy of PTR # and PRC license of all concerned engineers and architects
Clearance from the DPWH if the construction is located along National Highway
DOLE Clearance

Hope this helps. You really will not need the DOAS if the title is under your dad's name.

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