Legal Question in Real Estate Law in Philippines
My father bought a parcel of land years ago, but didn't get a deed of sale. What they had is a hand written, not notarized, document stating the said sale, but was lost. Years after the transaction, my father and the seller died, without legally settling the sale. Is the contract legal? and can we infer that property rightfully belongs to us, having no documents to proved it? I really need your answer pls...
1 Answer from Attorneys
The problem lies on how you can prove sale in writing. Under our law, if a sale of a real property is not in writing then the sale is unenforceable. if you could prove that there was a written agreement although not duly notarized then you can compel the heirs to execute the proper documents. The proof of your possession of the subject property could be the payment of the real property tax (tax declaration). However, this is not a proof of ownership but mere possession. In this way you can assert that after your father had bought the property he immediately took possession of the same.
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