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Almost 30 Years Undocumented Sale of a House and Lot

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MJCarrillo


Arresto Menor
I'd like to ask an advice about the house and lot my father bought almost 30 years ago. The seller was my father's aunt who is residing in USA. The only document that my father has is Deed of Absolute Sale signed by both parties but undocumented and not notarized. My father didn't proceed to title transfer after the sale amount has been fully paid. For many reasons, my father didn't realize the importance of transferring the title to his name. He didn't have any communication to his aunt after the sale and it maybe impossible to get in touch with her, too. Both my father and his aunt are of old age so immediate legalization of ownership should be done the soonest. How to proceed to transfer the title to my father's name? What documentations does my father need to request to his aunt to proceed with the transfer? Since it will be very hard to contact my father's aunt who lives in the states, are there any other way to legalize the ownership than proceeding with DOAS? Your accommodation to this case will be appreciated. Thank you in advance!

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Lunkan


Reclusion Perpetua
MJCarrillo wrote:How to proceed to transfer the title to my father's name? What documentations does my father need to request to his aunt to proceed with the transfer? Since it will be very hard to contact my father's aunt who lives in the states, are there any other way to legalize the ownership than proceeding with DOAS?!
The aunt had done her part. If your father had proceed back then, it wouldn't have been any problem.
I don't know if there is any time limit to use "Deed of Absolute Sale ". Ask Register of Deeds. And ask them for a compleete list of what they need of identifications and such. Perhaps there are local differences.

They sure will demand:
/Proves the property tax is paid fully.
/Is your father alive? If not, then you need Extrajudical process to show who are hiers and who got (part of) the property.

OR - is the property titled?
If NOT, there can be an other way, but there are conditions to have chance to succeed and sometimes such applications aren't approved, so better try the first alternative first.

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betchay001


Reclusion Perpetua
The DOAS will have to be notarized. But since your aunt is not here, no lawyer will notarize it without her presence. Go to a notary public and ask for the requirements for notarization (seller aunt is abroad). Once the DOAS is notarized properly, you may proceed to BIR to pay taxes for the transfer. Your aunt needs to provide IDs too as the seller.

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4 Thank you for your advise on Mon Apr 17, 2017 10:36 pm

MJCarrillo


Arresto Menor
Lunkan wrote:
MJCarrillo wrote:How to proceed to transfer the title to my father's name? What documentations does my father need to request to his aunt to proceed with the transfer? Since it will be very hard to contact my father's aunt who lives in the states, are there any other way to legalize the ownership than proceeding with DOAS?!
The aunt had done her part. If your father had proceed back then, it wouldn't have been any problem.
I don't know if there is any time limit to use "Deed of Absolute Sale ". Ask Register of Deeds. And ask them for a compleete list of what they need of identifications and such. Perhaps there are local differences.

They sure will demand:
/Proves the property tax is paid fully.
/Is your father alive?  If not, then you need Extrajudical process to show who are hiers and who got (part of) the property.

OR - is the property titled?  
If NOT, there can be an other way, but there are conditions to have chance to succeed and sometimes such applications aren't approved, so better try the first alternative first.  

THANK YOU LUNKAN! GOD BLESS YOU AND YOUR FAMILY

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5 Thank you for your advise on Mon Apr 17, 2017 10:39 pm

MJCarrillo


Arresto Menor
betchay001 wrote:The DOAS will have to be notarized. But since your aunt is not here, no lawyer will notarize it without her presence. Go to a notary public and ask for the requirements for notarization (seller aunt is abroad). Once the DOAS is notarized properly, you may proceed to BIR to pay taxes for the transfer. Your aunt needs to provide IDs too as the seller.

THANK YOU VERY MUCH BETCHAY001! GOD BLESS!

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