Dumaguete real estate

@atlargex

sorry for the unknowledgeable opinion...i learned with your advice..

 

Deanauster,
It is not clear how You got this lot.
My guess is that you inherited this lot as part of a bigger lot that was divided after the original owner is deceased.
One year ago? 5 years? 20 years?
Was there an inheritance tax paid?
After paying inheritancetax has a new tittle on the new owners been issued?
Has real estate taxes been paid since than?
Who has the original tittle?(in case the lot was not officialy divided)
Is it possible that all parties involved come together to an agreement?
Is it possible to find the co-owners of the bigger lot?
To find out if taxes have been paid the last year(s) just go to the municipalhall in Dauin, ask where you have to pay your propertytaxes and ask how much you have to pay. Just Your lotnumber is enough to find out.
You don't need a tittle-number.

 

Good day!

@firefly:

A pleasant day!

Yes the lot was inherit, the title was still (OCT) Original Certificate of Title. The name of the OCT was after the name of my father’s grandmother. My father’s grandmother has 4 siblings, one of that is my father. He acquired one of the share or 1/4 of the whole lot. The name stated in the original title was deceased 30-40 years ago. I have no idea about the inheritance tax paid since the 1/4 of the lot was sold 3 months ago without any agreement of the parties involved of the lot.Yes, the real estate tax was paid annually, it was updated according to the record of Dauin's Assessors Office. My uncle has secured the original title, they acquire 1/4 of the property and sold it. He refuses to give us the copy of the original title. I don’t know what his reasons. All the parties involved in the said inherited lot should come into an agreement since all the co-owners were living in the same municipality.
I need to acquire the copy of the said title to settle an agreement of the parties involved, please advise me the possible steps to do.

 

Deanouter,
It is clear that this is a very complicated situation together with hundreds of thousands of Filippinos in the same situation.
You mention it yourself:

Since there was not a proper dividing of the tittled lot all sales of parts of it is unvalid and even elegal.
This is an argument you can use to get all parties involved to come together.
But there is a big difference between having right and getting right.
If the parties involved cannot come to an agreement there is only one way to solve this problem and this is with a lawyer and in court.
Be prepared to get a lawcase for many, many years and even if you have full rights it may cost more than the value of your share.
Maybe you can ask to speak with a fiscal in lawcourt of Dumaguete, perhaps this can be cheaper than starting an endless battle in court with a lawyer.
Anyway it is always a good idee to collect as much information as possible before contacting a fiscal or a lawyer.
Google might help you.
As a first step try this:Philippines Inheritance-Inheritance tax and law | Global Property Guide

 

Thank you

@ firefly
Gud pm..
Thanks a lot for sharing your legal advices. I was enlighten now and fully understands about our problems.

 

a surveyor should be able to look on the maps and determine where to start looking for the title.

But it seems you know where the title is.. Firefly is correct in that any sale of the land must be ratified by all the heirs. You should be able to apply for a duplicate title but even so. no one can do anything unless all parties sign off. So if the Uncle sold the land it must be noted on the back of the title and have the signature of each heir to be considered valid.

At least that is how I understand it. We are going through that process now with my wife's family to get the lots separated. luckily everyone is cooperating.

 

thanx tom

Tom:

really? can the surveyor provide me a copy of the title?

 

No but I believe he can determine the name it is in and should be able to get information on the land from the government offices. I don't know if that enough to get you started on a copy of the title. The problem still remains that the only way to get a clear title is for each heir to sign off on any changes so the Mother title can be divided into separate titles for each heir. If the heir is not living than you will need a death certificate as well as the signatures of their adult children etc because they are heirs as well. It can really turn into a mess.

The ability to show that you are paying the property taxes for the piece you consider yours will help you but will not substitute for the title itself.

Most families will cooperate with each other in this because none of them can sell or any other thing unless all the heirs agree.

Its just one of the many things to love about the Philippines.

 

thanx tom

tom

thanx for the info .. good bless us all.

 

To get a duplicate of tittle it has always to pass in lawcourt.