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There’s this situation I witnessed in Iligan City, where one of the heirs sold their lot to a business man. The two
initiated the sale. The buyer paid the seller in cash. The moment the new owner started to register the
purchase for transfer, it found out that the title was still on its original owner which means still in its MOTHER
TITLE. No extra judicial settlement was signed and was not event transferred to the heirs of the original owner.
It was then they found out that the seller has eight siblings and they don’t know anything about the sale. 7 out
of 8 filed claims over the property and since the transaction invalidated due to the claims of the heirs; the new
owner lost the case. What went wrong? The buyer herself did not do her assignment for due diligence.
Buying properties is not that easy as buying cellphones in a gadget store. More than checking its physical
appearance, documents needs to be reviewed properly to protect your hard earned investments, most
especially if the property is still on its MOTHER TITLE.
Mother Title is the original title of ownership of a land or property. It’s the very first registered title of the
property. It is the document that traces the origin of the property. Sometimes called the ancestral lot.
As the property changes hands from one owner to another through various transactions like gift deed,
inheritance, etc., these needs to follow through the transfer document. The sequence of transfers should
chronologically order. Any missing transaction in the mother deed needs to be fixed or understood by obtaining
relevant documents from the registration authorities or through further discussions with the seller. The flow of
transactions should be ascertained to the current seller. The right of each intermediary in the transfer of
property should be checked especially when it includes PoA, etc. One should check whether the PoA
assignment was registered or not before the sale or purchase of property through PoA.
Mother document is executed between the original owner of the property and the new buyer. Hence, the study
of the mother property helps us realize the actual owner who has the title of the property. Gift deed, will, etc.
should not be misunderstood as mother deed. [Source: India Real Estate Forums]
As a Buyer of a property with mother title, it is best to seek assistance with a real estate lawyer to help
facilitate in checking the authenticity and legality of the title of the property.
Titles which are not transferred on time, incur a lot of penalties that may be higher or bigger than it’s selling
price and market value. Other than that if other heirs do not cooperate with the transaction, as the buyer, you
need to facilitate a settlement with them as well, which will somehow blow up the total purchase.
If somehow you have purchased a portion of the a property in a mother title, as long as the heirs have initiated
partition of the lot or they have subdivided the lot already and have changed the name in the tax declaration
records at the city assessors, bring a copy of your Deed of Absolute Sale (DOAS) and submit it to the
Registration of Deeds for annotation of the mother title. In the annotation, the ROD will attach in the title that
this portion of the lot is sold to you and you are the new owner of that portion of land. [Source: UNTV]
THE PROPER AND COMPLETE PROCESS
I. Preparation
notarized.
Notes: Go to ONETT for DST and CGT computation; ask for the specific payee to
be named in the manager’s check (if paying in check); and take note of their
Notes: Ask for computation of the Transfer Tax; ask for the specific payee to be
Notes: Ask for computation of the Registration Fee; ask for the specific payee to
Now that you know the exact fees that you will have
to pay, you should prepare these amounts. These
fees are preferrably paid using manager’s checks.
But you can also pay them in cash.
1. BIR:
Sheet:
District Office)
o Deed of Sale
o IDs of the buyer(s) and the Seller(s)
2. Submit manager’s check or cash payment to the designated cashier.
3. Bring the receipt to the OIC together with the above mentioned documents to
1. Fill out an application form for transfer of Title and present the following
Then attach the receipt to the application form together with the documents
stated above.
1. Contact the assigned examiner for the progress of your application for new Title.
2. Once the new title has been released, file a copy with the City Assessors’ Office.
1. Finally, when the new Title under the buyer’s name is already released, present it
to the Assessors’ Office for the issuance of the new Tax Declaration.
PARTING REMINDERS
kung talagang nawala na yung mother title, the thing to do here is file a petition for reconstitution of title
and issuance of second owner's copy with the regional trial court of the place where the property is located.
The petition shall state or contain, among other things, the following: (a) that the owner's duplicate of the
certificate of title had been lost or destroyed; (b) that no co-owner's mortgagee's or lessee's duplicate had
been issued, or, if any had been issued, the same had been lost or destroyed; (c) the location, area and
boundaries of the property; (d) the nature and description of the buildings or improvements, if any, which do
not belong to the owner of the land, and the names and addresses of the owners of such buildings or
improvements; (e) the names and addresses of the occupants or persons in possession of the property, of
the owners of the adjoining properties and all persons who may have any interest in the property; (f) a
detailed description of the encumbrances, if any, affecting the property; and (g) a statement that no deeds
or other instruments affecting the property have been presented for registration, or, if there be any, the
registration thereof has not been accomplished, as yet. All the documents, or authenticated copies thereof,
to be introduced in evidence in support of the petition for reconstitution shall be attached thereto and filed
with the same (Sec.12, RA 26).
kung itinago lang, it is indicative na may ibang gustong mangyari other than the fair and equitable partition
of the property described in the mother title. ang gagawin dyan, you initiate the filing of judicial partition of
the property owned by your grandfather para ang korte na mag decide who shall get what, because all of
you who are heirs of your grandfather are co-owners of that property. the downside with it is the expenses
and time that go along with court proceedings kaysa extra-judicial partition (meaning, you just execute a
deed of extra-judicial partition before a notary public) na very expeditious.
dumulog po kayo sa tanggapan ng isang abogado at sabihin nyo an gusto nyong mag file ng notice of
adverse claim. ipa- annotate ninyo yang adverse claim nyo sa kopya ng certificate of title na andun sa
registry of deeds. the duly annotated adverse claim signifies that another person has a claim or interest in
the registered land.Babala po iyan to third parties na somebody is claiming an interest on the said property.
Under P.D. No. 1529, adverse claim is good only for 30 days from annotation, after which a verified petition
maybe filed to cancel it with the RTC. In the meantime, you file a judicial partition in court. once it is filed,
you file a notice of LIS PENDENS, which is constructive notice to any person that the property is the subject
of a pending case.
You may also file a criminal case for grave coercion against nung
sapilitang kumuha ng titulo (kailan
ba nangyari yan baka nag prescribe na).