land tittle transfer

may pa upahan po kaming apartment na naka pangalan lang sa father ko pero naka lagay sa title ang pangalan ng mother ko. sabi ng mga gustong bumili ng property namin ay kailangan daw ipa transfer pa namin sa name ng mother ko ang land title. tama po ba ito? o may iba pa po bang paraan para hindi na kami gumastos ng malaki? ano po ba ang dapat namin gawin para mapadali ang pag benta ng property namin... anim kaming mag kakapatid yung dalawa po ay nasa u.s. kailangan po ba ang consent nila? please help us!

If both your parents are already dead, then you can simply execute a Declaration of Heirship Extra Judicial Settlement with Deed of Absolute Sale. Here, all compulsory heirs agree to settle the estate among themselves and on the same document, convey the same to the buyer by means Absolute Sale. There is no need to transfer the property under the name of the mother because under the Law on Succession, upon death of the predecessors, the properties are automatically transferred to the successors as co-owners.

For the said Deed of Absolute Sale to be legally effective, all the compulsory heirs must consent otherwise, your recourse would be a Judicial Partition i.e. there will be a litigation to determine the respected rights of all the parties concerned.

zulfikarl wrote:If both your parents are already dead, then you can simply execute a Declaration of Heirship Extra Judicial Settlement with Deed of Absolute Sale. Here, all compulsory heirs agree to settle the estate among themselves and on the same document, convey the same to the buyer by means Absolute Sale. There is no need to transfer the property under the name of the mother because under the Law on Succession, upon death of the predecessors, the properties are automatically transferred to the successors as co-owners.

For the said Deed of Absolute Sale to be legally effective, all the compulsory heirs must consent otherwise, your recourse would be a Judicial Partition i.e. there will be a litigation to determine the respected rights of all the parties concerned.

Ibig po ba sabihin sir, pwedeng mag pagawa lang ang mother ko ng deed of sale at affidavit of consent naming mga anak nya? para maibenta nya yung property namin? kahit po yung pangalan langn ng father namin ang nakalagay sa land title tapos married sa mother ko? example...Mr. Juan Dela Cruz married to Mrs. Cruz? pwede po ba ito na deed of sale lang at affidavit of consent ng mga anak? wala po bang magiging problema sa buyer? pasensya na po kayo sa dami ng tanong ko. thanks you po!

If said property is a conjugal/community property, it does not matter that it is not under the name of both spouses. It is assumed that it is owned by both of them. In fact, in a long line of decided cases, properties which were placed under the name of the mistress were returned to the community property after it was established that the same was acquired during the subsistence of the first marriage.