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Ladies and Gentlemen,
Good day!
An inquiry please.
A Contract of Sale of land (immovable property) has been entered into by MX (Seller) and MV (buyer) and all considerations therein are presumed to have been met (For short valid and binding between the parties) EXCEPT that it was not notarized.
(Kindly note that it is a jurisprudence that even if a sale of immovable property is not notarized the contract of sale is binding between the parties but may not be binding to 3rd parties and could not be registered since it is required to be a public document).
When such Contract was signed by the parties it was not notarized for whatever reasons. However, after 5 years MX (Seller) died.
NOW, if MV (Buyer) wants this land to be registered under his name, what will he do?
1. Could he still go to a lawyer to notarize the Contract even if the seller is already dead since such contract is supposedly valid?
2. What would be the buyer's action in order to register such property in his name?
Your kind input(s) is greatly appreciated.
THANK YOU VERY MUCH!
bmfphp
Good day!
An inquiry please.
A Contract of Sale of land (immovable property) has been entered into by MX (Seller) and MV (buyer) and all considerations therein are presumed to have been met (For short valid and binding between the parties) EXCEPT that it was not notarized.
(Kindly note that it is a jurisprudence that even if a sale of immovable property is not notarized the contract of sale is binding between the parties but may not be binding to 3rd parties and could not be registered since it is required to be a public document).
When such Contract was signed by the parties it was not notarized for whatever reasons. However, after 5 years MX (Seller) died.
NOW, if MV (Buyer) wants this land to be registered under his name, what will he do?
1. Could he still go to a lawyer to notarize the Contract even if the seller is already dead since such contract is supposedly valid?
2. What would be the buyer's action in order to register such property in his name?
Your kind input(s) is greatly appreciated.
THANK YOU VERY MUCH!
bmfphp
