My cousin has been agonizing over this problem for almost 2 years now. here's the story:
Uncle A: Seller
Uncle B's Daughter: Buyer
Uncle A has a big property in the outskirts of the city [2 hectares]. Uncle A then wants to have Uncle B [which is his brother] as a neighbor so he sold a portion of his property [200 sq meters]to uncle B's daughter.
He sold it to the daughter precisely because of the fact that he has foreseen that a lot of people will take interest on the title should Uncle B die and anyway it was Uncle B's daughters money that was used as payment.
Uncle A then made an absolute deed of sale indicating that he has sold the 200 sq meter lot to Uncle B's daughter for P30,000. No TCT or title was given though as Uncle A was not able to divide the property before his death. So in effect, all that Uncle B's daughter has is the absolute deed of sale.
Uncle B then died not long thereafter. A few months later, Uncle B's daughter decided to renovate the house in Uncle B's lot.
Lo and behold, the children of Uncle A are claiming that they want the property back. They are also using the lack of TCT as further proof that the lot was only leased to Uncle B and are denying the existence of the deed of sale signed by their father [Uncle A]
I know that the Deed of sale in itself is a strong proof of ownership by uncle b's daughter. However, without the TCT or any title I know that this issue will only crop up again and again in the future. Uncle B's daughter wants a clear title or at least a legal solution that will prevent Uncle A's children from taking back or selling her lot so that she can rest assured that she can transfer the lot to her own children.
Any suggestions on how she can do this as well as the steps/documents that needs to be prepared? Any help would be greatly appreciated. thanks in advance!^^