Hi, Good PM..... I would like to request your help about my concern, ,,,,we bought a rice land ,,,Only the parents signed the deed of sale and the children were not...we bought the land way back 10 years ago...and now the children are complaining that they have not signed the deed of sale....Do they have the right to complain when their parents are the one who sold the land to us?????Please I need your opinion much
A deed of sale has no value, it is only a part of the transfer of tittle. Only the name of the person who's name appears in the tittle has to sign the deed of sale. Children from the seller (who is alive at the time of transfer) have the right to complain but for the rest they have no right in a property that was sold by the parent(s)
The children have the right to complain, but as long as both parents were alive when the property was sold and the children were not listed on the original title they don't have a leg to stand on. 10 years after the sale? Give me a break! Stupidity and greed know no bounds?
So this makes me curious, was the capital gains tax paid ten years ago? If not, you have the right to pay 25% PER MONTH for the duration of the ten years. This amounts to about the cost of the land every 5 years. Larry
Additional info By the way this is a Inherited property of their mother,,and yes we paid already the capital gain tax ....thank you so much for all your ideas...it really helps a lot
Its depends on that the person who signed the deed have the right to sell the property.If so than he can sell that property and there is no need that the children signed that deed for sell of property.Or ask you for the property after it sell out.
If the land was inherited, was the Title in the Seller's name or one of the parents of the Seller? If the Title is not in the Seller's name, then there must be an Extra Judicial Settlement of Estate (notarized by a lawyer, not a Notary!). If this is the case ALL heirs listed in the Settlement must sign your Deed of Sale or it has no value. When you paid the Capital Gains Tax, did you receive a CAR (Certificate Authorizing Registration) from the BIR? Normally they would have required a formal family tree with thoses taxes including any deceased heir or heirs. Before BIR provides you with the CAR, ALL Estate taxes must be paid for any deceased heir on all of their properties (not just the one that you purchased). If you are ever considering getting a Title in your name (or your spouse), these requirements (along with several others) must be met. Good luck.
If you bought the land, and transferred it to your name 10 years ago, and since has paid property tax annually, they will have a hard case claiming anything. If you didn't transfer it, and/or have not paid annual tax, mirisi. The DOS still bears a value, but now they can claim it illegitimate and you will have a much harder time defending it. Especially if they have been to the assessor and transferred the property to their name (which they could very well done if the parents has died and they legally inherited it). They might not even be aware of that the parents sold it. If they are aware, they have a very easy case claiming they are not, if you taken no action in the direction of fulfilling your obligations as a buyer since you bought it. If the capital gains tax isn't paid it could cause you some problem when applying for building permits etc., but legally it lies on the seller to pay it, unless you put in the DOS that you should do it on their behalf (a quite common practice, as it's much in the buyers interest too that it's being paid, and pinoy sellers often 'forget' it as they are not so keen on giving away their money they just got).
