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  • Writer's pictureZiggurat Realestatecorp

What are the legal documents needed in selling land of a deceased owner?

In the Philippines, selling land owned by a deceased person involves a legal process that requires specific documents to be presented and processed. The legal documents needed for selling land of a deceased owner are as follows:

  1. Death Certificate: The death certificate of the landowner is a crucial document that confirms their passing. It is required to establish the fact that the owner is deceased and cannot execute any transactions.

  2. Transfer Certificate of Title (TCT) or Original Certificate of Title (OCT): These are the primary documents proving ownership of the land. The TCT or OCT should be presented to verify the land's legal owner and to initiate the transfer of ownership to the buyer.

  3. Extrajudicial Settlement of Estate (EJSE) or Affidavit of Self-Adjudication (ASA): If the deceased owner left a will, the heirs can execute an EJSE. If there is no will, they can execute an ASA. These documents outline the distribution of the deceased's estate among the legal heirs, including the land being sold.

  4. Deed of Sale: This is a written agreement between the seller's heirs and the buyer, stating the terms and conditions of the sale. It must be notarized.

  5. Tax Identification Number (TIN): The TIN of both the seller's heirs and the buyer should be included in the documents.

  6. Certificate Authorizing Registration (CAR): This document authorizes the transfer of the property's title to the buyer.

  7. Barangay Clearance: A clearance issued by the local barangay (village) where the property is located.

  8. Real Property Tax Clearance: A certificate indicating that the property taxes have been paid up to date.

  9. Notarized Affidavit of the Buyer: This affidavit states that the buyer is not related to the seller within the fourth degree of consanguinity or affinity, as mandated by the law.

  10. Other documentary requirements: Depending on the specific circumstances, additional documents may be required, such as the seller's heirs' valid IDs, proof of relationship, and other supporting papers.

Please note that the legal process of selling land owned by a deceased owner can be complex and time-consuming. It is highly recommended to seek the assistance of a lawyer or a qualified real estate professional to ensure that all legal requirements are met and the transaction is conducted smoothly and legally.

Source: Ziggurat Real Estate Corp.

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