Legal Question in Real Estate Law in Philippines

My mother did not leave a will for her house & lot. We are processing the Extrajudicial Settlement of Estate but I havent paid the estate tax yet. I have an interest buyer and she already gave earnest money for the property. When she pays the balance in full, can we now execute a deed of sale even if I havent paid the estate tax? ANd can we transfer the title directly to buyer?


Asked on 4/12/12, 9:22 am

1 Answer from Attorneys
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

You cannot execute a deed of sale until you have settled the estate tax. This is because the BIR will issue a certificate of authority to register. What you should do is to simply execute the extrajudicial settlement with deed of absolute sale. In this way, all taxes can be assessed such as the estate tax and capital gains tax. And the title can be transferred directly to the buyer as the new owner.

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Answered on 4/12/12, 10:14 am


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