26/01/2024
Real Estate 101 (Transfer of Title; From mother Title to individual Subdivided Lot)
The duration of the Transfer Process depends on the Nature and Origin of the Title.
In most cases, the ”Mother” title or the title that covers the entire property is usually under the name of the deceased parents or relatives of the Seller. This scenario takes the longest time to process. To wit:
1. Ex*****on of the EXTRAJUDICIAL SETTLEMENT OF ESTATE either for Partition or Sale. The ex*****on may take time because it requires the presence of all the heirs who have shares or interest of the property.
2. Next would be the Publication of the ExtraJudicial Settlement of Estate and the Processing and Payment of the Estate Tax.
3. Simultaneously, if the heirs agreed to a certain partition , they must Hire a competent Geodetic Engr., to survey and plot the Subdivision plan based on the agreed partition. Then, it will be submitted to DENR for approval. (This will usually take 3-12 months depending on the DENR.)
4. Upon completing the Publication Requirements, the heirs can now proceed with the BIR to settle the estate tax and wait for eCar to be released. (Usually 3-6 weeks)
5. Once the eCar is released, you may now proceed to the Registry of Deeds to update the Title. From the Old Title named after the deceased parents to the HEIRS.
6. Once the DENR will release the approval of the Partition/Subdivision plan, the heirs may now proceed to the Registry of Deeds (ROD) to apply for the Splitting of Title. This may take up to 6 weeks.
7. After the Titles are individualized and released, the heirs may now proceed to the Assesors for assessment, inspection and issuance of individual Tax Declaration.
8. Note: properties under estate taxes and subdivided among heirs will be annotated with encumbrances for its Liabilities under Sec. 4 Rule 74 for 2 years. This is a protection to all the heirs or creditors that are not aware or not uncluded in partition.
9. If you buy a portion of this property, you may now start the Transfer Process which may include the ff:
9A. Ex*****on of the final Deed of Sale with Title no. And description of the actual portion.
9B. Payment of Capital Gains Tax, Documentary Stamp Tax and other transfer Fees.
9C. After settling the BIR transfer Tax, you may now obtain your eCAR from from the BIR. (3-8 weeks)
9D. Once the eCAR is available, you may now proceed to the ROD for the transfer of title. (3-8 weeks)
9E. After the Release of the Title, you have to proceed to the Assessors office for inspection, assessment and issuance of new Tax Declaration.
The entire processing usually take 18-36 months depending on fast you can comply with all the requirements.
