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Property Seller threatening to take Back Property and disregard absolute deed of sale [no tct]

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Jabu


Arresto Menor

My cousin has been agonizing over this problem for almost 2 years now. here's the story:

Uncle A: Seller
Uncle B's Daughter: Buyer

Uncle A has a big property in the outskirts of the city [2 hectares]. Uncle A then wants to have Uncle B [which is his brother] as a neighbor so he sold a portion of his property [200 sq meters]to uncle B's daughter.

He sold it to the daughter precisely because of the fact that he has foreseen that a lot of people will take interest on the title should Uncle B die and anyway it was Uncle B's daughters money that was used as payment.

Uncle A then made an absolute deed of sale indicating that he has sold the 200 sq meter lot to Uncle B's daughter for P30,000. No TCT or title was given though as Uncle A was not able to divide the property before his death. So in effect, all that Uncle B's daughter has is the absolute deed of sale.

Uncle B then died not long thereafter. A few months later, Uncle B's daughter decided to renovate the house in Uncle B's lot.

Lo and behold, the children of Uncle A are claiming that they want the property back. They are also using the lack of TCT as further proof that the lot was only leased to Uncle B and are denying the existence of the deed of sale signed by their father [Uncle A]

I know that the Deed of sale in itself is a strong proof of ownership by uncle b's daughter. However, without the TCT or any title I know that this issue will only crop up again and again in the future. Uncle B's daughter wants a clear title or at least a legal solution that will prevent Uncle A's children from taking back or selling her lot so that she can rest assured that she can transfer the lot to her own children.

Any suggestions on how she can do this as well as the steps/documents that needs to be prepared? Any help would be greatly appreciated. thanks in advance!^^

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TiagoMontiero


Prision Correccional
bring the deed of sale to the registry of deeds where the property is located for annotation, this will record the transaction pending the partition of the property. afterwhich file a petition for judicial partition using the deed of sale as basis. try to personally consult a lawyer.

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Jabu


Arresto Menor
thank you very much for your advice!Smile gusto bang sabihin kung di annotated pwede pa nilang ibenta sa iba? wont the deed of sale matter?

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TiagoMontiero


Prision Correccional
pwede kasi nila mabenta sa iba yun kasi wala sa records nang title na may deed of sale na pala un, so mangyayari pwedeng ma-transfer nang 2nd buyer sa name nila un property in case good faith sila na wala silang idea na dati na palang nabenta un property, pero kung anotated na yan deed of sale niyo, safe na kayo kasi di yan agad pwede matransfer sa pangalan nang 2nd buyer kasi as the first buyer and with an earlier deed of sale, kayo ang may right sa portion nang property na nabenta sa inyo. And Take Note, using your Deed of Sale, pwede niyo na nga pa-partition yun property then magkaroon kayo nang sariling Title sa portion nang property na nabili niyo as described in the Deed of Sale.

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Jabu


Arresto Menor
thank you very much sa mga advice.^^ i'll consult a lwyer para madraft yung mga petition at maguide ako sa process. at least ngayon alam ko na yung terms na dapat niyang bangitin. more power to you guys!^^

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slasher4772


Arresto Menor
magkanu po ba gagastusin sa pag file ng judicial partition ng walong titles ng lupa? sa les pendens magkanu ba bawat title? kung ang ang plaintiff ay second wife lng nung namatay na may ari ilang percent po ba makukuha nya?

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