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Free Legal Advice Philippines » FREE LEGAL ADVICE » PROPERTY » Land Ownership Inquiry

Land Ownership Inquiry

5 posters

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1LAND - Land Ownership Inquiry Empty Land Ownership Inquiry Mon Dec 29, 2014 11:41 am

fejazir


Arresto Menor

Hi,

I have an inquiry which is a bit complicated. My father has sold 2/3 of the land he inherited from his father in 1995. The buyer failed to pay him in full so there was no Absolute Deed of Sale executed. Now, after almost 20 years, he is still not paid and my father decided to use the land as he believed the contract is rendered void due to the buyer not able to pay in full term. Pls advise what is the correct status of this land today? Is this still under my father's? Really appreciate the advise. Thanks.

2LAND - Land Ownership Inquiry Empty Re: Land Ownership Inquiry Fri Jan 02, 2015 3:15 pm

jekz

jekz
Prision Mayor

Yes it is, since the buyer breach the contract (not paying for almost 20 years)

http://citylivingph.net/

3LAND - Land Ownership Inquiry Empty Re: Land Ownership Inquiry Tue May 12, 2015 10:59 am

fejazir


Arresto Menor

Thanks. I have a follow up question. The buyer (who failed to pay in full), said that they paid for the tax. Does this mean the ownership belongs to them as they were paying for it?

4LAND - Land Ownership Inquiry Empty Re: Land Ownership Inquiry Tue May 12, 2015 11:27 am

jekz

jekz
Prision Mayor

I don't think so since they didn't comply with the terms in your contract. It is mandatory for them to pay the taxes since they are the once whose occupying the property. Just my thought.

http://citylivingph.net/

5LAND - Land Ownership Inquiry Empty Re: Land Ownership Inquiry Tue May 12, 2015 12:09 pm

LandOwner12


Reclusion Perpetua

In fairness to the buyer, they also shed some cash here,
as a good citizen, ur father should also talk to the buyer, and come up with terms fair to both parties.
and to avoid future dispute that will lead to more chaos....
but yes, sa inyo pa yong lupa, walang dead of sale, nasa inyo ang Title,nakapangalan sa inyo, so kahit saan mapunta, sa inyo yon...

6LAND - Land Ownership Inquiry Empty Re: Land Ownership Inquiry Tue May 12, 2015 12:21 pm

fejazir


Arresto Menor

Thanks guys! Well to make it more complicated, wla sa amin yung title pero wla rin sa buyer. Although, when we check with RD, nasa father ko pa rin yung name. We want to get a new title since wla na nga sa amin yung old, can we file for it? Thanks talaga sa mga advises. Smile

7LAND - Land Ownership Inquiry Empty Re: Land Ownership Inquiry Tue May 12, 2015 12:42 pm

LandOwner12


Reclusion Perpetua

pwede magfile ng certified true copy ng land title sa LRA's.
need xerox copy ng orig, if wala, any document to show ownership.
if the name registered was dead, certification of relationship, some tax declarations from previous years, etc, detail docs, tanong nyo na lang sa LRA..

8LAND - Land Ownership Inquiry Empty Re: Land Ownership Inquiry Wed May 13, 2015 2:59 pm

fejazir


Arresto Menor

Thanks sa advise! I will get this sort out as soon as possible.

9LAND - Land Ownership Inquiry Empty Re: Land Ownership Inquiry Wed May 13, 2015 9:11 pm

centro


Reclusion Perpetua

fejazir wrote:Hi,

I have an inquiry which is a bit complicated. My father has sold 2/3 of the land he inherited from his father in 1995. The buyer failed to pay him in full so there was no Absolute Deed of Sale executed. Now, after almost 20 years, he is still not paid and my father decided to use the land as he believed the contract is rendered void due to the buyer not able to pay in full term. Pls advise what is the correct status of this land today? Is this still under my father's? Really appreciate the advise. Thanks.

Curious question lang. May entry ba ng capital gains tax sa annotation ng Register of Deed sa sale na ito?

10LAND - Land Ownership Inquiry Empty Re: Land Ownership Inquiry Sun May 24, 2015 4:02 pm

Philyong Husband


Arresto Menor

fejazir wrote:Hi,

I have an inquiry which is a bit complicated. My father has sold 2/3 of the land he inherited from his father in 1995. The buyer failed to pay him in full so there was no Absolute Deed of Sale executed. Now, after almost 20 years, he is still not paid and my father decided to use the land as he believed the contract is rendered void due to the buyer not able to pay in full term. Pls advise what is the correct status of this land today? Is this still under my father's? Really appreciate the advise. Thanks.

Read again the contract signed by your father and the buyer, check if there is a stipulation regarding the mode of payment and terms, for now the status of the property is still belongs to your father but cannot assume yet the transaction as void.

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