Agreements. MYTH: An heir cannot sell his or her interest in heirs property without the consent of the other heirs. FACT: An heir can sell his or her interest in heirs property to any non-family or family member and does not need the consent of any other heir.
Under the Civil Code of the Philippines, trespass occurs when someone unlawfully enters or occupies another's property. In your case, if someone changed the boundaries of your land without permission, this may constitute trespass.
If a person other than the owner attempts to sell the property, the transaction is considered illegal. This type of sale falls under fraudulent transactions and can be nullified under Philippine law. Even if the buyer was unaware that the seller was not the legitimate owner, the sale would still be void.
The sale, mortgage, or disposal of conjugal properties in the Philippines cannot be done unilaterally. Both spouses must give their consent before any such transactions can be validly executed.
In summary, the father may not legally sell the entire property without the children's consent if the property is part of the estate of the deceased mother. Any sale done without the agreement of all heirs can be contested in court and possibly declared void.
Does Georgia require a real estate attorney to sell a house? Yes. The state of Georgia requires that a real estate attorney oversee the closing of every real estate transaction.
Navigating the Sale: Essential Documents for Selling Your Home Privately in South Africa Title Deed. Sale Agreement. Municipal Rates Clearance Certificate. Electrical Compliance Certificate. Beetle and Pest Inspection Certificate. Sectional Title Documents (if applicable) ... Identity Documents.
Scotty: Not as a personal representative, but in Georgia, an attorney is required to complete all aspects of the closing. So, ultimately an attorney will have to be involved as part of the closing process.
Does Georgia require a real estate attorney to sell a house? Yes. The state of Georgia requires that a real estate attorney oversee the closing of every real estate transaction.
Hold Onto the Property: If you keep the property as an investment or primary residence, you won't owe capital gains taxes until you sell it. Rent Out the Property: Turning the property into a rental can provide ongoing income and may allow you to benefit from tax deductions for expenses like maintenance and repairs.