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Author Topic: Need help regarding deed of sale  (Read 1468 times)

pinay_superstar

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Need help regarding deed of sale
« on: August 08, 2015, 04:07:41 pm »
My mom died last year and left us this 600sqm lot that she has been selling for the longest time and now we have a buyer.

We did an ocular with the buyer and found out that someone already built a house with light materials on one portion of the lot and the tenant told us that they bought that portion form the owner.

We asked them who gave them the right to build in our property because we are the owners and we havent sold any portion of the lot yet and we dont know them. Then they pointed us to one of our mother's former workmate. They have all the valid documents they said and even consulted a lawyer for the sale.

When we talked to the workmate. He said that he has SPA from my Mother's older half brother to sell the said portion. Because according to him, my mom sold the lot to my uncle in the 1990s. They even produced a deed of sale dated in 1992. It was notarized and seems to be authentic because i know my mom's signature and it was affixed there.

My dilemma :

My mom lost the original title and we are actually in process with reissuance of the title. She actually filed an affidavit of loss in 2010.

My mom being a single mom and all, consults everything to me before she does anything especially with regards to legal matters. And this was not mentioned to me ever that she sold this particular lot to our uncle in 1992 and there is a deed of sale. And maybe because i was only 12 yrs old then. But even through the years she hasnt mentioned this at all to me or to any of my siblings and we have been trying to sell the lot for more than 5 years now. That is very unlikely for my mom to not say anything.

My uncle, if the deed of sale is indeed authentic, was not able to annotate the original title in the registry of deeds reagrding this sale and its been over adecade since the supposed sale happened. When we asked for a certified true copy of the title in the RD, its still the same. No incumbrances or annotations whatsoever was there. No mention of the particular sale.

My uncle doesnt have the means to buy any lot even in 1992.

They only pursued this when my mom died not when she was alive and our uncle asked the person he gave the SPA to, not to inform us ever of their intention.. not until every part of the land was already disposed or totally sold.

When we tried talking to our uncle ,he would turn off his hearing aid and told us to talk to my moms former workmate not him because he doesnt know anything.

So i was hoping if someone here can help me figure out what to do or id like to know the law with regards to this situation so that i know what next steps to take.

Thank you in advance.






j.adore

  • Guest
Re: Need help regarding deed of sale
« Reply #1 on: August 08, 2015, 04:16:40 pm »
When we asked for a certified true copy of the title in the RD, its still the same. No incumbrances or annotations whatsoever was there. No mention of the particular sale.

This is the answer. Whatever is in the city registrar's records will be the sole basis for any dispute.

 

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