Can i ask for some legal advise? My father died last year and he left a property which he brought last 1994 somewhere in the Visayas. I was not able to ask the details of it because I was not interested during that time and I was too busy with my work. All the documents of said piece of land are with me including the orig TCT. As i run through the documents, I discovered that there are two(2) Deed of Sales yung una po ay pirmado ng orig na may-ari (who is the father) pero patay na ngayon. Naging complicated po kc before mamatay ang tunay na may-ari he transferred it to his son at etong son na eto ang nakapangalan sa orig TCT although meron etong Deed of Sale din pero hindi napapirma ng father ko because accordingly itinatago daw nya(son) sa asawa nya baka ayaw ng hatian (hula ko lang) kasi nga po ay hiwalay na sila. Here are my questions?
1. Pwede ko p po bang papirmahin sa Deed of Sale ang "son"? Papano kung ayaw niya?
2. anong hakbang po ang gagwin ko para maipaalam sa kinauukulan na ang lupang nabili ng tatay ko ay sa amin na? Natatakot po akong makakuha siya ulit ng panibagong titulo at sabihin niya lang sa Bureau of Lands na nawala nya ang orig na TCT pero sa katunayan ay nasa amin ang orig na TCT. Ano ano po ang dapat kong gawin?
Master I really needed your legal advise and it will not only help me but also my siblings who are all benefactors of this endeavour. Sabi ko nga po dati hindi ako interesado dito becoz of my work but now para po sa mga kapatid ko kaya ko eto ginagawa. Maraming Salamat!
sorry to butt in again. la lang magawa po.
let me get the facts straight. you have 2 deeds of absolute sale with the following transfers:
A) Original owner ---> son
son --> your father
deed of sale A is completely signed and deed of sale B is signed by the seller but not by your father.
is this correct?
if so, strictly speaking, a deed of sale is an act of the seller because it is proof that he has already transferred the property to the buyer, who is named in the deed of sale.
this is valid regardless of whether the buyer signs, provided that it is notarized, because all deeds concerning real property must appear in a public instrument (notarized document)
thus, it will be ok even if your father did not sign. of course, i am assuming this is your typical run of the mill deed of absolute sale.
(i am omitting the issue on the failure of the son's spouse to sign, because i am assuming that the property is paternal rather than conjugal.)
best thing to do is bring the deed of sale with the register of deeds and have the deed annotated, just to prove that you have a claim over the land.
no need to have the deed of sale signed by the "son".nakapirma naman siya sa deed of sale B di ba? ok na yon.
better consult a lawyer, kasi maraming bagay na hindi nakalagay sa facts mo which could vary my answer above.
good luck :-)