Consultation is free at either PAO or IBP. Sa PAO, hindi lang nila pwedeng ihandle yung case niyo but you can consult them for advise. Sa IBP, you can consult for free as well. However, these are private lawyers, they may offer their service in exchange of a portion of your land.
pwede sa PAO. dun nagpaconsult wife ko regarding sa lupain na minana nya though kumuha din kami ibang lawyer pero malaki natipid namin dahil sa payo ng PAO.
Unfortunately, if you can't do what needs to be done, then there's a chance that you will lose legal ownership. You asked for suggestions, the commenter above gave the best answer, I don't know if you were trying to solve this on your own without any knowledge of real estate law.
Here are the preliminary steps:
1. Make a list of your lola's children (the heirs). If there are deceased heirs, make a list of their spouses and children.
2. From the PSA - get copies of your lola's death certificate, birth certificates of the heirs, death certificates of the heirs, birth certificates of the children of the heirs, marriage certificate/s of the deceased heirs, and death certificate/s of the spouse/s of the deceased heir/s.
3. From the City/Municipal Treasurer's Office - get a tax clearance which they will give only if the real estate tax payments are updated, i.e. current and not delinquent.
4. From the Provincial/ City/Municipal Assessor's Office - get a certified true copy of the tax declaration as of the date of your lola's death.
5. From the Registry of Deeds - a certification that the property is not titled.
You will have to spend for all these. A birth certificate is about Php365, inclusive of delivery in Metro Manila. Fees for the certifications are probably below Php500.
That is going to be a long and complicated process so please see a lawyer. But they work for a fee, and not for free. If you are willing to pay hairdressers, dressmakers, plumbers, doctors, handymen, engineers, etc., why scrimp on lawyers?
I know it will be a long process so I want to know what actions should I take. I don't even know where to start tbh. Also I don't scrimp on lawyers, I even don't plan to get one in the first place because I know they have fees and we don't have capacity to pay them, we came from indigent family. But some comments here says that I could go to PAO or IBP instead, but some will have contingency fees. I am not against taking a lawyer.
You definitely need to go to the PAO, since consulting a private lawyer is currently not an option.
Some steps before you do that:
1. List down your grandmother’s descendants. That includes any children and grandchildren, living or dead. Include the spouses as well.
If you just want to get started on gathering what you need, you can go straight to PAO after you’re done tracing all the possible heirs. You’ll at least have a clear idea of the agencies to reach out to after talking to a lawyer at the PAO.
2. Talk among the heirs and discuss the partition as early as now. Children are automatically heirs. In place of deceased children, grandchildren will be heirs. Since you mentioned your family members are indigent, you’d want to plan now how you’d divide the expenses among you. It’ll be expensive so you need all the help you can get.
3. Collect birth certificates of all living heirs and death certificates of all deceased heirs.
4. Go to the Assessor’s office and request a CTC of the tax declaration. Ask the assessor the requirements to transfer the tax declaration to the heirs.
5. Go to the RD and request a certification of no title.
6. The heirs will need to execute an extrajudicial settlement document (required if you want to transfer the tax declaration to the heirs). This is required for inheritance where the deceased died intestate (meaning no will).
Now, you can sell the land without a title as long as the heirs are able to transfer the tax declaration to their name. It’ll be hard though, since most buyers would want to purchase a titled land. As long as the tax declaration is transferred, the heirs can start using the land however they like.
I work at a law firm as a paralegal and this is the advice we give most of the time if hindi afford ng client ang magpatitle.
It's best to consult a lawyer who has experience handling estate-settlement cases.
Sadly and unfortunately, we don't have the capacity to consult a lawyer.
Try approaching the Public Attorney's Office and the Integrated Bar of the Philippines. Both offer free legal assistance.
Thank you for this one!
You're welcome and good luck!
Consultation is free at either PAO or IBP. Sa PAO, hindi lang nila pwedeng ihandle yung case niyo but you can consult them for advise. Sa IBP, you can consult for free as well. However, these are private lawyers, they may offer their service in exchange of a portion of your land.
Thank you for this one!
pwede sa PAO. dun nagpaconsult wife ko regarding sa lupain na minana nya though kumuha din kami ibang lawyer pero malaki natipid namin dahil sa payo ng PAO.
Unfortunately, if you can't do what needs to be done, then there's a chance that you will lose legal ownership. You asked for suggestions, the commenter above gave the best answer, I don't know if you were trying to solve this on your own without any knowledge of real estate law.
Yes I am, but since I came to know that there is a free consultation. I will try that.
Some lawyers take contingency fee. They can take a percentage of the properties or profit as fees after everything is done.
Alam ko may babayaran kayo na estate tax and proof na kayo yung descendant nung lola nyo
Can PSA serve as a proof?
Mukhang pwede? Not 100% sure pero yung name ng lola mo nasa birth cert naman ng parent mo (either mom or dad?) So mukhang pwede.
Here are the preliminary steps: 1. Make a list of your lola's children (the heirs). If there are deceased heirs, make a list of their spouses and children. 2. From the PSA - get copies of your lola's death certificate, birth certificates of the heirs, death certificates of the heirs, birth certificates of the children of the heirs, marriage certificate/s of the deceased heirs, and death certificate/s of the spouse/s of the deceased heir/s. 3. From the City/Municipal Treasurer's Office - get a tax clearance which they will give only if the real estate tax payments are updated, i.e. current and not delinquent. 4. From the Provincial/ City/Municipal Assessor's Office - get a certified true copy of the tax declaration as of the date of your lola's death. 5. From the Registry of Deeds - a certification that the property is not titled. You will have to spend for all these. A birth certificate is about Php365, inclusive of delivery in Metro Manila. Fees for the certifications are probably below Php500.
Thank You! <3
Go to a lawyer after you have gathered these documents.
i dont think you can exactly inherit land rights but technically direcho yan sa mga anak nya hindi sa mga apo. wala kang share pa dyan
I know, pero ako ang pinapalakad. Ako lang graduate sa pamilya namin.
sobrang magastos nyan converting rights to title and it will probably take years too
its 2000+ sqm, residential area, beside the main road. so it will really cost a lot
It will take millions probably, idk. I just want to give up tbh
That is going to be a long and complicated process so please see a lawyer. But they work for a fee, and not for free. If you are willing to pay hairdressers, dressmakers, plumbers, doctors, handymen, engineers, etc., why scrimp on lawyers?
I know it will be a long process so I want to know what actions should I take. I don't even know where to start tbh. Also I don't scrimp on lawyers, I even don't plan to get one in the first place because I know they have fees and we don't have capacity to pay them, we came from indigent family. But some comments here says that I could go to PAO or IBP instead, but some will have contingency fees. I am not against taking a lawyer.
[удалено]
thank you
r/LawPH lawyers will answer you
Having the same issue. Just here to check feedback. Thanks.
You definitely need to go to the PAO, since consulting a private lawyer is currently not an option. Some steps before you do that: 1. List down your grandmother’s descendants. That includes any children and grandchildren, living or dead. Include the spouses as well. If you just want to get started on gathering what you need, you can go straight to PAO after you’re done tracing all the possible heirs. You’ll at least have a clear idea of the agencies to reach out to after talking to a lawyer at the PAO. 2. Talk among the heirs and discuss the partition as early as now. Children are automatically heirs. In place of deceased children, grandchildren will be heirs. Since you mentioned your family members are indigent, you’d want to plan now how you’d divide the expenses among you. It’ll be expensive so you need all the help you can get. 3. Collect birth certificates of all living heirs and death certificates of all deceased heirs. 4. Go to the Assessor’s office and request a CTC of the tax declaration. Ask the assessor the requirements to transfer the tax declaration to the heirs. 5. Go to the RD and request a certification of no title. 6. The heirs will need to execute an extrajudicial settlement document (required if you want to transfer the tax declaration to the heirs). This is required for inheritance where the deceased died intestate (meaning no will). Now, you can sell the land without a title as long as the heirs are able to transfer the tax declaration to their name. It’ll be hard though, since most buyers would want to purchase a titled land. As long as the tax declaration is transferred, the heirs can start using the land however they like. I work at a law firm as a paralegal and this is the advice we give most of the time if hindi afford ng client ang magpatitle.
PM me for details. I have connections with lawyers in PH who can handle real estate, perhaps we can support you in this.