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Transfer of title

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1 Transfer of title on Sun Nov 06, 2011 10:55 am


Arresto Menor
Good day. We have an ancestral house here in Tondo. My maternal grandparents allowed my mom na ipangalan ang house and late under my parents name. My mom died a year ago and my dad replaced her right away. My dad starting selling everything. Furnitures, dogs, appliances. I'm bothered with his behavior and I'm afraid na baka ibenta niya rin ung bahay. Is it possible for him na ibenta ung bahay kahit itabi ko pa ang title? Is it possible for my Auntie (my late mom's sister) na ipa transfer sa kanya ang title? Please, i need your answer. Thank you so much.

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2 Re: Transfer of title on Sun Nov 06, 2011 1:54 pm


Arresto Menor
the title is under your late mom's name? Did she died intestate meaning walang last will and testament. If thats the case I think it would be best to execute an extra judicial settlement. It has to be executed by all the legal heirs. Upon execution it has to published in the news paper once a week for three consecutive weeks after that the publishing company will issue an affidavit of publication of which you need to present to the registry of deeds to have the title transferred to your name, if that is what you want to happen.

Mind you that the process is costly since you have to pay estate tax to the BIR.

Nobody can sell the property not unless all the legal heirs have signed the extra judicial settlement. Otherwise pwede maghabol ang legal heirs.

It would be better kung magawan mo na ng paraan mapatransfer title. Baka kase mafalsify ng kung sino man ang mga documents at matransfer yung title in their name. I believe pwede ka lang maghabol in 2 years time upon transfer. Mas malaking roblema yun.

Im not a lawyer though, Im only speaking from my experience. That's what I did para matransfer sa name ko ung title. I even secured an heirs bond for the property for 2 years. Para if ever na sa loob ng 2 taon na pwede sila maghabol ay may maghabol.. insurance will take care of their claim and I will still maintain the right for the property.

I hope this will help.

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3 Re: Transfer of title on Sun Nov 06, 2011 1:58 pm


Arresto Menor
legally your aunt does not have the right for the property if the title is in your mom's name. Legal heirs is your dad, your siblings. If any of your siblings is married their spouses also have to sign in the extra judicial settlement.

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