Land titles – inheritance/partition/EJS

Dear Atty. Duran-Schulze,

What is the best kind of settlement for partitioning an inherited farm lot of my mother from her deceased father (my grandfather)? The said lot is going to be inherited by the six siblings (including my mother). They are all willing to sell the said lot. However, the title is still in the name of my grandfather.

How do we sell the lot asap? Can we extrajudicially partition the land and put the title in the name of one of the siblings so we can sell the lot ASAP?

Hope you can help us. Thank you in advance.

Answer:

Dear Cristina,

The fastest way to sell the lot that your mother and her siblings inherited from their father is to execute an Extrajudicial Settlement with Deed of Absolute Sale. In the Philippines, the extrajudicial settlement of an estate no longer requires you to go to a court to do the partition or division. Moreover, the heirs can sell the said property without having to put the legal title in their names. Section 1, Rule 74 of Rules of Court provides:

“Section 1. Extrajudicial settlement by agreement between heirs. — If the decedent left no will and no debts and the heirs are all of age, or the minors are represented by their judicial or legal representatives duly authorized for the purpose, the parties may without securing letters of administration, divide the estate among themselves as they see fit by means of a public instrument filed in the office of the register of deeds, and should they disagree, they may do so in an ordinary action of partition. If there is only one heir, he may adjudicate to himself the entire estate by means of an affidavit filled in the office of the register of deeds.

The fact of the extrajudicial settlement or administration shall be published in a newspaper of general circulation in the manner provided in the next succeeding section; but no extrajudicial settlement shall be binding upon any person who has not participated therein or had no notice thereof.”

Section 1 provides that an extrajudicial settlement may be validly executed if the following conditions are all present:

  1. If the decedent left no will;
  2. If the decedent left no debts;
  3. If the heirs are all of age, or the minors are represented by their judicial or legal representatives duly authorized for the purpose; and
  4. The estate is divided by means of a notarized public instrument filed in the office of the Register of Deeds.

Moreover, the fact of the extrajudicial settlement or administration needs to be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province for it to be valid.

In executing an Extrajudicial Settlement, the consent of all the heirs is needed. A lawyer may also be needed to ensure that all conditions/requirements are present and that procedures are followed.

We hope we are able to answer your query on how to sell an inherited lot without partition. Please be informed that the foregoing legal opinion is based solely on the facts that you have provided us and our appreciation of the same. In case you need further assistance, Duran & Duran-Schulze Law is ready to assist you. Call us at 632.8478.5826 or send an email to info@duranschulze.com. You can also send your message to us here. Thank you.

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