Good day po.. Ask ko lang po what are the necessary instruments needed to present aside from Deed of Absolute Sale of Rights, we are Dealing po with Act.3344 po, One of the Heir po sold Us Her Rights on the said Unregistered Land. And Deed of Absolute Sale of Rights po says that We Agree to Register it Under Act.3344 the problem po was that this took place last 1972 pa po and it was just today that we are starting to prepare things to Register. Any advise po? Yun pong Registration will also be in RD, right? What other documents po yung kakailanganin namin? Maraming Salamat po.. Good day and God Bless! Need ur advise po,Thanks!
REPLY: LAND REGISTERED IN THE NAME OF THE DECEASED PERSON CAN NOT BE ALIENATED OR TRANSFERED IN THE NAME OF THE HEIRS OR ANY PERSONS UNLESS SUCH PROPERTY IS EXTRA-JUDICIALLY OR JUDICIALLY SETTLED, WHICHEVER IS APPLICABLE. THEREFORE, AN INSTRUMENT EXECUTED BY ONE OF THE HEIRS CAN NOT BE REGISTERED.THE CORRECT INSTRUMENT IS "EXTRA-JUDICIAL SETTLEMENT OF ESTATE WITH SALE", SUBJECT HOWEVER TO THE FOLLOWING REQUIREMENTS:
1. EXTRA-JUDICIAL SETTLEMENT OF ESTATE WITH SALE DULY NOTARIZED
2. PUBLICATION
3. PAYMENT OF ESTATE/INHERITANCE TAX AND DOC. STAMP AT THE BIR, THEN WAIT FOR "CAR" OR "CERTIFICATE AUTHORIZING REGISTRATION
4. SECURE DAR CLEARANCE IF AGRI-LAND OR CERTIFICATE OF IMPROVEMENT/NO IMPROVEMENT IF RES./COMMERCIAL LAND
5. PAY THE REQUIRED TRANSFER TAX FROM PROVL TREAS. OFFICE
6. SECURE CERTIFICATE OF REALTY TAX PAYMENT FROM MUN. TREAS. OFFICE
7. SUBMIT DOCS IN (1) TO (6) TO THE R. DEEDS FOR REGISTRATION UNDER PD 1529
8. THEN AFTER REGISTRATION, PROCEED TO PROVL ASSESSOR FOR THE ISSUANCE OF TAX DECLARATION IN THE NAME OF THE TRANSFEREE.