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Buying a piece of land from one of the heirs

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1 Buying a piece of land from one of the heirs on Wed Apr 05, 2017 8:43 am

christiancoqs01


Arresto Menor
Magandang araw po sa Lahat!

Gusto ko po sanang mag ask ng advice.

May nabili po kaming lupa, naka titulo po ito sa dalawang magkapatid,
mana po nila to sa pumanaw nilang mga magulang. yung pangalan na nasa title is nasa magkapatid na pero naka indicate na "heirs of"(sa pumanaw nilang magulang) namely:(sa dalawang makakapatid)

Pero yung nabili namin is half lang ng total Lot, meaning yung sa isa sa dalawang magkakapatid yung binilhan namin ng lupa, wala namang problema sa isa nyang kapatid yung transaction namin.

Question:
Tama ba na pagawan namin sila ng extrajudicial settlement with sale? Dapat parin ba to e publish sa mga newspaper?

Ano-ano pa ba yung ibang mga requirements para ma transfer naming yung kalahating lupa sa aming pangalan?

Dahil naka pangalan na sa mga heirs yung title, magiging simple nlang ba ito pag e-process namin sa BIR, Register of Deeds?

Salamat po sa pag-basa at sana ay mabigyan nyu kami ng sagot.

Godbless!

Regards,
Chan

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Lunkan


Reclusion Perpetua
(My Tagalog is bad, so I'm not sure if I understood all corect.)

Nothing is simple in the Philippines   Very Happy     I mean to make it proper.  Perhaps that's why many don't do it proper, which often end up in a mess, even much harder to get corecr.

Is it titled?
If not, I suggest that's done BEFORE it's transfered to you, because a minimum demand to get chance to get property titled is property tax paid at least 10 years.   The property tax need to be paid anyway, because otherwice get the new owner (=you) that dept.

Beside IDs and such the officials demand, these are needed:
/Extrajudical settlement  (To show who hier and what. I don't know about newspaper.)
/I suppouse both broders need to sign they agree to the selling.
/It's a split of property so I asume a survey is needed.
/And the sell documents to you.

Then it's ready for Register of Deeds, and then show the local property tax office you are the new owner.
Seller need to tell BIR they have sold.

I believe that's all   Smile

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christiancoqs01


Arresto Menor
Thank you Sir Lunkan.

Yup, it is a titled lot, and the name that is indicated in the title Heirs of(deceased parent)Namely:(2 sisters).

So, are we going to Register of deeds first then to BIR after?

Lunkan wrote:(My Tagalog is bad, so I'm not sure if I understood all corect.)

Nothing is simple in the Philippines   Very Happy     I mean to make it proper.  Perhaps that's why many don't do it proper, which often end up in a mess, even much harder to get corecr.

Is it titled?
If not, I suggest that's done BEFORE it's transfered to you, because a minimum demand to get chance to get property titled is property tax paid at least 10 years.   The property tax need to be paid anyway, because otherwice get the new owner (=you) that dept.

Beside IDs and such the officials demand, these are needed:
/Extrajudical settlement  (To show who hier and what. I don't know about newspaper.)
/I suppouse both broders need to sign they agree to the selling.
/It's a split of property so I asume a survey is needed.
/And the sell documents to you.

Then it's ready for Register of Deeds, and then show the local property tax office you are the new owner.
Seller need to tell BIR they have sold.

I believe that's all   Smile

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Lunkan


Reclusion Perpetua
christiancoqs01 wrote:Thank you Sir Lunkan.
Yup, it is a titled lot, and the name that is indicated in the title Heirs of(deceased parent)Namely:(2 sisters).
That simplify one step. Have they done an Extrajudical process allready, which show WHO they are?
christiancoqs01 wrote: So, are we going to Register of deeds first then to BIR after?
Well. You can go to Register of Deeds to get all details of what they demand. Perhaps they demand special forms are used for Absolute Sale document or something else special.
But you can't get any more DONE there before what they demand is COMPLEETE, so get Title transfered is among the LAST steps Smile

If seller don't have complete reciepts of property taxes paid, such need to be got from the LOCAL property tax office = OTHER than BIR. It's in the barangay or municipaly office.

YOU NEVER need to go to BIR, but the seller need after it's sold.

AFTER "Register of Deeds" you go to the barangay/municipaly property tax office and tell them you are the new owner. (Although if you aren't sure, you can go there to check BEFORE the money transfer if they have paid ALL property taxes to be sure you don't get that debt from them.)

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