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Old Draft that wasn't notarized

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1 Old Draft that wasn't notarized on Fri May 06, 2011 2:54 pm

lyn1126


Arresto Menor
Atty. Question po is it possible na mapa notaryo ngaun ang isang document dated 1978 pa po?

My grandfather bought a property way back 1978 and gumawa ng written acknowledgment ung binayaran nya stating that he is accepting the partial payment for the lot.

It was handwritten by the original land owner and signed by both parties.

Thanks for your help ☺



Last edited by lyn1126 on Fri May 06, 2011 6:21 pm; edited 1 time in total

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2 Re: Old Draft that wasn't notarized on Fri May 06, 2011 3:06 pm

I assumed both parties are already dead. Hence, it cannot be notarized now.

Under the Rules on Notarial Practice:

A notary public shall not perform a notarial act if the person involved as signatory to the instrument or document -

(1) is not in the notary's presence personally at the time of the notarization; and

(2) is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these Rules.

Hence, presence is required. While unnotarized document is valid between the parties, the same cannot bind third persons. Take note that in order that contract of sale of real property to be binding upon third parties, the same must be notarized.

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3 Re: Old Draft that wasn't notarized on Fri May 06, 2011 3:09 pm

lyn1126


Arresto Menor
Thanks for your reply. My grandfather is still alive but the original land owner is already dead but the wife is still alive. If ever the wife will honor the agreement that will do ? Thanks



Last edited by lyn1126 on Fri May 06, 2011 6:21 pm; edited 1 time in total

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4 Re: Old Draft that wasn't notarized on Fri May 06, 2011 3:14 pm

Yes. If the wife will agree, you can execute a new one and have it notarize now. The problem would arise if the wife denies the sale of the land. Take note that the wife inherits the land (assuming it is conjugal).

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5 Re: Old Draft that wasn't notarized on Fri May 06, 2011 3:20 pm

lyn1126


Arresto Menor
What if the wife will deny and eventually sold the property to other people. Wala na po talagang magagawa ung lolo ko para makuha man lang ung binayad nya?
Thanks for the big help atty. God Bless po ☺



Last edited by lyn1126 on Fri May 06, 2011 6:22 pm; edited 1 time in total

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6 Re: Old Draft that wasn't notarized on Fri May 06, 2011 3:28 pm

The acknowledgment of payment that your lolo has in his possession can be an evidence of his payment. You can demand reimbursement from the wife in case she refuses to acknowledge the sale.

What specific documents you have in relation to the purchase?

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7 Re: Old Draft that wasn't notarized on Fri May 06, 2011 3:37 pm

lyn1126


Arresto Menor
Ang hawak po ng lolo ko ngaun is handwritten nung deceased land owner stating that he is accepting 2,900php as partial payment (2,900/5000) for the lot (it states the address / 240 square meters) With date and signed by my lolo and the deceased land owner. My grandfather together with my aunt still lives there and occupies at least 120 square meters.

1. Pwede po ba nila paalisin ung lolo ko anytime? Or kelangan pa ng extra judicial.
2. If she does not reimburse is it a rightful complaint for a case?
3. Is that handwritten document (not notarized) enough proof of sale?
4. If she/or before her husband died already sold the property to other people and that person is claiming the land. What shall we do?



Last edited by lyn1126 on Fri May 06, 2011 6:22 pm; edited 1 time in total

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8 Re: Old Draft that wasn't notarized on Fri May 06, 2011 4:04 pm

Legally speaking, the mere acknowledgment of partial payment is not a deed of sale itself. They should have executed a separate contract to sell but we cannot blame them since sale of properties especially in the province is not formalized into documents.

1. They cannot immediately ask your lolo to vacate the premises unless an action for ejectment is filed against him.

2. If she does not reimburse, you can use this as a leverage not to vacate the premises.

3. The receipt of payment with specific notation on it that it is received as payment for the purchase, although not a contract, can be used as proof of sale.

4. The priority in ownership of the land depends on the date of sale. If the sale to your lolo is earlier than those who subsequently claimed the land, then the sale to your lolo is preferred.

Check law on double sale:

Rules On Double Sale Of Immovables
In double sale of an immovable, the rules of preference are as follows:

(a) the first registrant in good faith;

(b) should there be no entry, the first in possession in good faith; and

(c) in the absence thereof, the buyer who presents the oldest title in good faith. (Martinez vs. CA, 358 SCRA 38 (2001); Art. 1544, New Civil Code of the Philippines).

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9 Re: Old Draft that wasn't notarized on Fri May 06, 2011 4:30 pm

lyn1126


Arresto Menor
The date my lolo paid the deceased is 1978, the new owner claims she bought it 1999. And she shows us some supporting documents for her claim. And we are still validating it.
1. The lot is not fully paid, if we can still pay it to whom shall we pay the remaining balance?

2. If in case they no longer want to sell the property to us. Can my lolo still claim the part of the lot that is equivalent to his initial payment?



Last edited by lyn1126 on Fri May 06, 2011 6:22 pm; edited 1 time in total

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10 Re: Old Draft that wasn't notarized on Fri May 06, 2011 4:41 pm

what specific document does the new claimant have? please take note that your lolo's sale is not yet an absolute sale since he only paid partially and no document of transfer has been executed in his favor.

your lolo should not only claim the initial payment but also all the equivalent of all the improvements made on the property.

you can pay to the wife if she will accept it.

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11 Re: Old Draft that wasn't notarized on Fri May 06, 2011 5:21 pm

lyn1126


Arresto Menor
As of now, Transfer certificate of title palang po. She wants to talk to my lolo thru baranggay council tomorrow and show them more proof of ownership

1. Does this mean that the sale between the new claimant and the deceased will be void?

2. Can my lolo still pursue with the transfer of the lot equivalent to his partial payment?



Last edited by lyn1126 on Fri May 06, 2011 6:22 pm; edited 2 times in total

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12 Re: Old Draft that wasn't notarized on Fri May 06, 2011 5:24 pm

the TCT is under whose name already?

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13 Re: Old Draft that wasn't notarized on Fri May 06, 2011 5:26 pm

lyn1126


Arresto Menor
It's already under the name of the new claimant



Last edited by lyn1126 on Fri May 06, 2011 6:23 pm; edited 1 time in total

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14 Re: Old Draft that wasn't notarized on Fri May 06, 2011 5:36 pm

tsk.tsk.while your father has possession, please read the law on double sale above.

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15 Re: Old Draft that wasn't notarized on Fri May 06, 2011 5:46 pm

lyn1126


Arresto Menor
Thanks Atty.

Lilinawin ko lang po, kung ang new claimant may pinakita na title ng lupa pero naunang binenta sa lolo ko pero ang hawak nya ay kasulatan lamang, sino po ang first registrant?

So the least that my lolo can do is to fight for the reimbursement just in case?

If the new claimant indeed own the lot now, Is there a chance of reimbursement for my lolo?



Last edited by lyn1126 on Fri May 06, 2011 6:23 pm; edited 1 time in total

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16 Re: Old Draft that wasn't notarized on Fri May 06, 2011 5:50 pm

lyn1126 wrote:Thanks Atty.

Lilinawin ko lang po, kung ang new claimant may pinakita na title ng lupa pero naunang binenta sa lolo ko pero ang hawak nya ay kasulatan lamang, sino po ang first registrant?

So the least that my lolo can do is to fight for the reimbursement just in case?

If the new claimant indeed own the lot now, Is there a chance of reimbursement for my lolo?

If i'm quite confused on your first paragraph?

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17 Re: Old Draft that wasn't notarized on Fri May 06, 2011 6:03 pm

lyn1126


Arresto Menor
lawddesign wrote:
lyn1126 wrote:Thanks Atty.

Lilinawin ko lang po, kung ang new claimant may pinakita na title ng lupa pero naunang binenta sa lolo ko pero ang hawak nya ay kasulatan lamang, sino po ang first registrant?

So the least that my lolo can do is to fight for the reimbursement just in case?

If the new claimant indeed own the lot now, Is there a chance of reimbursement for my lolo?

If i'm quite confused on your first paragraph?

Atty bale po ang lumalabas po ba na first registrant is ung new claimant? Regardless po if me proof of sale ang lolo dahil walang naganap na pag transfer ng property?

If the sale is valid between the deceased and the new owner, can he still claim the property equivalent to his partial payment ? Or if not, does he have the right to be reimbursed?

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18 Re: Old Draft that wasn't notarized on Fri May 06, 2011 6:09 pm

lyn1126 wrote:
lawddesign wrote:
lyn1126 wrote:Thanks Atty.

Lilinawin ko lang po, kung ang new claimant may pinakita na title ng lupa pero naunang binenta sa lolo ko pero ang hawak nya ay kasulatan lamang, sino po ang first registrant?

So the least that my lolo can do is to fight for the reimbursement just in case?

If the new claimant indeed own the lot now, Is there a chance of reimbursement for my lolo?

If i'm quite confused on your first paragraph?

Atty bale po ang lumalabas po ba na first registrant is ung new claimant? Regardless po if me proof of sale ang lolo dahil walang naganap na pag transfer ng property?

If the sale is valid between the deceased and the new owner can he still claim the property equivalent to his partial payment ? Or if not, does he have the right to be reimbursed?

Based on the documents, I would say that the new claimant is already the right owner since she was able to transfer the title under her name.

At any rate, your lolo should ask reimbursement from the original owner. In fact, he can also file a case against the original owner for damages.

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19 Re: Old Draft that wasn't get notarized on Fri May 06, 2011 6:19 pm

lyn1126


Arresto Menor
Maraming maraming salamat po atty. Napakalaking tulong po.

Maari po bang paalisin ng bagong may ari ang lolo ko anytime?

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