Sell Closing Property Without Consent In Wake
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FAQ
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.
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.
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.
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.
A person who does this without a title interest in the property or authority from you commits a criminal act. It's called fraud, but he is really “stealing” your property. The short answer is yes. Anyone can sell your property without your consent.
A joint owner wanting to sell should attempt to make an agreement with the other joint owner or owners before hiring an attorney for a partition action. If the joint owners will not sell, a partition action asks the court to force the sale and divide the proceeds equally.
If they target unoccupied vacation homes or rental properties, thieves can use the forged deed to sell the home without your knowledge and pocket the proceeds.
