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.
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.
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.
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.
Do all heirs have to agree to sell property in the Philippines? Yes, all the heirs have to agree to sell property for a Deed of Extrajudicial Settlement of Estate with Absolute Sale. If the heirs cannot agree on the sale, then they can split up the property but they still have to settle the estate.
Methods of Property Transfer This can be done through either a sale or a donation. Sale: The parent may opt to sell the property to the child, either at market value or below. A notarized Deed of Absolute Sale will be required, along with other documents, such as the Transfer Certificate of Title and tax declarations.