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Partition of Land When the Registered Owner is Absentee for more than 40 years

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Public Assistance


Arresto Menor

Dear Sir:

In 2007, a year after my retirement from the City Assessor's Office of Davao City, when our President was still the City Mayor of our City, I bought a 200 sqm of residential land (portion of a land still classified as agriland containing an area of 2286 sqm). Believing that I was transacting the rightful owner and being a neighbor, I was dumbfounded to see the title still in the name of her mother was still the registered owner. This mother, the registered owner, is absent for less than half a century, and being the signatory of a Deed of Absolute Sale, the transaction was stalled.  The husband, described as "married to" in the title. All the living Heirs  numbering 5 children wanted to subdivide the property and for them to sign the sale documents to save their face having received payments from me.  By the way, this agricultural land (mother lot) is the inheritance share of the absentee mother from her own mother. The title was issued by the Register of Deeds of Davao City after the passage of Pres. Cory Aquino's Family code.  How can I have my own title such that i AM IN MY PRIME YEARS and I really want that before my time to go, I can sill see the title in my name.   Please advice, the less cost way of doing it. Thanks attorney for your "Free Legal Assistance Forum"

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