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Transfer of Title

 Transfer of Title: Each Individual Subdivided Lot from the Mother Title


The time it takes to transfer a title will depend on its nature and place of origin.


The title to the entire property, known as the "Mother" title, is usually held in the name of the Seller's deceased parents or other relations. Processing this situation takes the longest. To wit:


1. When the EXTRAJUDICIAL SETTLEMENT OF ESTATE for Sale or Partition is finished. The execution may take some time because it is necessary for all heirs who own shares or interests in the property to be present.

2. The processing and payment of the estate tax and the publication of the extrajudicial estate settlement would come next.


3. If the heirs agreed on a certain division, they must simultaneously appoint a trained geodetic engineer to survey the property and draw the subdivision plan based on that partition. It will subsequently be submitted for DENR approval. (This normally takes 3–12 months, depending on the DENR.)


4. After meeting the publication criteria, the heirs can now go forward with the BIR to settle the estate tax and wait for the release of eCar. Normally, 3 to 6 weeks.


5. Once the eCar has been published, you may now go to the Registry of Deeds to change the Title. From the HEIRS of the Old Title created in Honor of the Late Parents.


6. The heirs may then proceed to the Registry of Deeds (ROD) to submit an application for the splitting of title when the DENR makes the announcement that the partition/subdivision plan has been authorized. It might take six weeks to complete this.


7. Following the individualization and release of the Titles, the Heirs may now go to the Assessors for assessment, inspection, and issuing of individual Tax Declaration.


8. In accordance with Section 4 Rule 74, assets liable to estate taxes and distributed among heirs must be noted for two years with encumbrances for those obligations. This protects any creditors or heirs who are not informed about or left out of the divide.


9. If you purchase a portion of this property, you must now start the transfer procedure, which could include the following:

  • A final deed of sale that includes the part's description and the title number.
  • Payment of capital gains tax, other transfer fees, and documentary stamp tax
  • You can obtain your eCAR from the BIR now that the BIR Transfer Tax has been paid. (3-8 weeks)
  • You can transfer the title at the ROD once the eCAR is prepared. (3-8 weeks)
  • You must visit the assessor's office for an inspection, an evaluation, and the issuance of a new tax declaration after the title has been issued. The total process can take anywhere between 18 and 36 months, depending on how quickly you can fulfill all the requirements.

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