Land Title in the name of Husband and Wife

Good Day Sir.

Gusto ko lang ko ask kung ano po gagawin namin to sell a house and lot under the name of my father and mother. My father po died last 2004 pa po. tatlo po kaming mag kakapatid. ano po ang dapat namin gawin para maibenta namin yung property?

Eto po yung mga kelangan nyong i-provide na siguradong hihingin ng buyer:

1. Extra Judicial Settlement of Estate. na may pirma nyong magkakapatid. Pwde nyo po yan ipagawa sa abogado.
2. Deed of Absolute Sale.
3. Title.
3. Requirements sa pag transfer ng title, kagaya ng:
a. Latest Tax Declaration
b. Realty Tax Clearance
c. Certificate Authorizing Registration (CAR) -This is what the seller got from the BIR after
paying the capital gains tax and doc stamp tax
d. Receipt from BIR confirming payment of Capital Gains Tax (CGT), Documentary Stamp Tax(DST).
e.Receipt from Assessor’s office for the payment of Transfer Tax.


As practiced in the Philippine real estate market, the buyer usually pays for Documentary Stamp Tax and all other transfer costs, while the seller pays for the Capital Gains Tax or CWT, whichever is applicable. However, this is not true for all cases because the seller and buyer can create a different agreement as to who pays the taxes, as long as both parties agree in writing before the DOAS is notarized.

In addition to what Hustisya said, ROD requires the news publication certification on the extrajudicial settlement.