Dumaguete real estate

Good Day

@firefly
@Bob

Good day to all of you!

I finally got the copy of the title that I've been looking for..my next step to do is to draw a sketch plan and go to the brgy captain and set for a hearing to the buyer of the lot and my relatives.

Thanx to you guys.

 

@tom..

thank God! they recommend me to the one officer in Register of Deeds...he has all the records.

 

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, as one of the heirs are planning to visit the area of our property in Dauin together with the other heirs. What are the legal procedures to be follow in claiming our 1/4 share? We have already the supporting documents such as the title, map, sketch plan. Are we going to schedule first a conference together with all the heirs in the Barangay Captain? Can you suggest other legal basis in order to avoid problems/conflicts?

 

There are many ways to make a mess even more complicated but there is only one way to clean it up.
As i said before, any sale of part of an inheritance is invalid unless all parties involved agree.
What has to be done first is tranferring the OCT in name of the 4 heirs and that means 4 new tittles(or more if one of the heirs has passed away and has children on his own)
i'm afraid this can only be done by a notary and/or lawyer.
But a good first step will be if all the heirs come together if possible with someone who knows a lot of inheritancelaw.

 

The other share of our inherit property was already surveyed and sold without the permission of the other heirs. That's why we didn't know who was the surveyor. Can any surveyor determine the sold portion property of the inherit lot and the other share? Or shall we hire the said surveyor who surveyed/sub-divide the said lot? How can we determine the sold portion? Pls. advise

 

It is not the suveyor but the owner who is selling property so you can contact any surveyor of your choise, just explain the situation.

 

good day

I already set an conference in the brgy. captain where our lot is situated...ive heard humors from my uncle who sold the part of the property that they have the documents proof that they are only the owner of the lot...what they mean that my lola sign some agreement that they are the owner... but my question is the title of the lot is clean. there is no note at the back of the title. is it true that they have the documents? or there lying.

 

According to Philippine law, all children of a deceased person are heirs.
Including parts of property that he/she has given away to one of the children during his/her lifetime.
Each of the children are entitled to an equal share of the total assets

 

I'll just bet this is wonderful news to the buyer of the lot. How do they get their money back if the sale was not proper?

 

Good luck sorting this one out.