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Buying a residential lot

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1Buying a residential lot Empty Buying a residential lot Wed Aug 04, 2010 6:27 pm

johan827


Arresto Menor

we're about to buy a residential lot. but the situation is like this:
the title owner is already dead (not sure of the exact yr, but not more than 10 yrs). since matandang dalaga, ang tagapagmana ay 3 pamangkin. ung 2 ang kausap namin ngayon together with their lawyer. the title is still under the name of their aunt. but they court order proving that sila ang tagapagmana.

question po:
1.) granted na ma-transfer sa amin ung title, how can we be assured na wala ng hahabol na ibang claims ? what i mean baka may mga ibang kamag-anak na maghabol? or kung may humabol man, dapat wala kaming responsiblity on them?

2.) paano ang processing ng title of this case?

thank you so much

2Buying a residential lot Empty Re: Buying a residential lot Thu Aug 05, 2010 2:12 am

zulfikarl


lawyer

My advice to you is: Tell them to have the property transferred to the name of the successors first. Once it is done, they can now execute a Deed of Absolute Sale in your favor.


If later on, other relatives appear asking for their share, they cannot run after you because you, being a buyer in good faith, is protected by the so called "mirror doctrine". This doctrine in law states that a buyer is not required to investigate beyond the four corners of the Transfer Certificate of Title. Once it is issued in the name of its owner(s), it raises the presumption that the ones whose names appear therein are its legitimate owners.


The said doctrine was conceived so that "public trust" in our system of land titling will be maintained.

3Buying a residential lot Empty Re: Buying a residential lot Thu Aug 05, 2010 9:29 am

johan827


Arresto Menor

thanks po zulfikarl ...

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