The Legal Side of Real Estate

[swami]

hi, patulong po mga sir

 

yung lupa ng bahay namin ngayon, nakapangalan pa din sa deceased parents ng father ko, 5 silang magkakapatid (1 dead,4 surviving), gusto ko sana

asikasuhin yung transfer ng title under all of their names. panu po ba magsisimula sa ganito? ok naman ang tax neto, updated.

 

thanks in advance. :thumbsupsmiley:

 

Your father, his surviving siblings and the heirs of the deceased sibling must execute an extrajudicial settlement of the estate of your deceased grand parents. You will have to cause the publication of the extrajudicial settlement, and pay the estate tax. Just go to the Registry of Deeds and ask for assistance. Better yet, get a lawyer to assist you (this may cost you though).

[Red light]

You are fully paid? They should release the title, if they try claim that you didn't sign the DoS as an alibi, sign it right there and then. Once more I urge you to complain to the HLURB.

 

Yes, I've just coordinated with HLURB this morning. The complaint is gonna be a considerably tedious proceeding, but I'm going for it!

[TheSmilingBandit]

Yes, I've just coordinated with HLURB this morning. The complaint is gonna be a considerably tedious proceeding, but I'm going for it!

 

Another thing you can do is to also write letters to various news daily's complaining of your plight. If, you happen to know other buyer's who may be in the same boat that you are in, get together with them and have them file complaints in the HLURB as well. The more attention you can call on these jokers, the better. By the way, out of curiosity, what company is it?

[Red light]

Another thing you can do is to also write letters to various news daily's complaining of your plight. If, you happen to know other buyer's who may be in the same boat that you are in, get together with them and have them file complaints in the HLURB as well. The more attention you can call on these jokers, the better. By the way, out of curiosity, what company is it?

 

Sent you a PM sir. May I suggest we keep it private....

[powerpuffgirls]

attorneys, may i request a draft for DEED OF CONVENTIONAL REDEMPTION ? thanks po!

[Kropekhagen]

Your father, his surviving siblings and the heirs of the deceased sibling must execute an extrajudicial settlement of the estate of your deceased grand parents. You will have to cause the publication of the extrajudicial settlement, and pay the estate tax. Just go to the Registry of Deeds and ask for assistance. Better yet, get a lawyer to assist you (this may cost you though).

 

thanks swami, estate tax is different from the tax we pay for the lot every year? pardon my ignorance though. nakikinita ko na, this is quite tedious

[Dr_PepPeR]

thanks swami, estate tax is different from the tax we pay for the lot every year? pardon my ignorance though. nakikinita ko na, this is quite tedious

 

The estate tax is paid to the Bureau of Internal Revenue and is a tax on the inheritance of the heirs, whether it is real estate or movables while the real estate tax is paid yearly to the city or municipality and only applies to real property, land or buildings.

[Kropekhagen]

ah ok, thanks dr pepper

[harman]

My suggestion for those with problems relating to estates is to approach also an accountant who can verify how much taxes are needed to be paid. The accountant may also advise you on the possibility of a tax amnesty, in which case you may be able to declare the estate free of penalties.

[Bitoy]

Medyo mababaw lang na question: magkano ba ang usual fee sa pagpapa-notarize ng Deed of Absolute Sale of a House and Lot? We recently bought a H&L and the agent who is processing the transfer of the title to our name was quoting 1% of the sale price for the notarial expenses alone. Isn't this too high? If I remember correctly, we sold a house before and we only spent about P1000 for notarization of the Deed of Absolute Sale.

[Dr_PepPeR]

Medyo mababaw lang na question: magkano ba ang usual fee sa pagpapa-notarize ng Deed of Absolute Sale of a House and Lot? We recently bought a H&L and the agent who is processing the transfer of the title to our name was quoting 1% of the sale price for the notarial expenses alone. Isn't this too high? If I remember correctly, we sold a house before and we only spent about P1000 for notarization of the Deed of Absolute Sale.

 

Notaries will try to charge a percentage of the selling price. I suggest you have it notarized with someone you know personally, you may have it notarized for less than P1,000.

[jazon7099]

magandang araw po. hingi po sana ako ng tulong sa sinumang makakatulong po sa akin.

gumawa pokc kmi corporation ng mga frens ko for a farm. Nakabili po kmi 6 has. pero sa titulo po ng lupa a nakalagay na "Certificate of Land Ownership Award". Maaari pa rin po ba maitransfer sa corporation ung nasabing titulo?

salamat po ng marami

[mitchkim]

I have a query, I hope you can help.

 

Can the register of deeds question a deed of donation and refuse to transfer title to donee's name, even if the bir have already issued a certificate of authority to transfer and have completed a donor's tax audit when the donor was still alive? Donor's taxes and all transfer payments have already been paid. as far as i know, the mandate of rd is ministerial and they cannot question the certification issued by another government agency i.e. bir

Edited October 12, 2009 by mitchkim

[Red light]

Yes, I've just coordinated with HLURB this morning. The complaint is gonna be a considerably tedious proceeding, but I'm going for it!

 

A little bit of update maestros, just when I've decided to head towards HLURB to formally file my complaint due to the expiration of the date set on my demand letter to release the title, I received an SMS from the corporation that m title is ready. I gave them a phone call a while ago and said that it's definitely ready. I asked about the procedure and told me that I just need to bring a valid ID then pay the fee so the title will be transferred to my name. I can give them a smuch IDs as they want and cash is ready for the transferral fee. I thought the entire proceedure will take place within the day, but my jaw dropped when I was informed that it will take about 3 months or the transfer process to take place! Why oh why, I asked, and the reply was that they handle these process by bulk.

 

I understand that they are a big corporation and obviously have lots of properties to work on, but is this a normal practice? To transfer and release titles by bulk? Is a 3 month-period to process justifiable? Kindly enlighten me on this.

Edited October 12, 2009 by Red light

[rocco69]

Kung ang titulo ng lupa ay galing sa CLOA (Certificate of Land Ownership Award), ibig sabihin ito ay lupang ipinamigay ng gobyerno sa ilalim ng CARP (Comprehensive Agrarian Reform Program). Sa ilalim ng CARP law (RA 6657), hindi pwedeng ibenta ang lupang ibinigay sa CARP sa loob ng sampung taon mula sa award nito. Tingnan mo sa titulo kung kelan na-issue ito. Kung lampas sampung taon na mula sa issuance hanggang sa pagkabili nyo, pwede nang mailipat ang titulo sa pangalan ng kumpanya nyo. Otherwise, walang bisa ang bilihan na nangyari (dahil bawal nga ito sa ilalim ng CARP).

 

 

 

magandang araw po. hingi po sana ako ng tulong sa sinumang makakatulong po sa akin.

gumawa pokc kmi corporation ng mga frens ko for a farm. Nakabili po kmi 6 has. pero sa titulo po ng lupa a nakalagay na "Certificate of Land Ownership Award". Maaari pa rin po ba maitransfer sa corporation ung nasabing titulo?

salamat po ng marami