Gusto ng ibenta na ang parte namin, walang last will testament

Chris Palomero
is in the Philippines

5 po kaming magkakapatid. 3 po kaming gusto ng ibenta na ang parte namin. Yong 2 ayaw ipabenta ang lupa. Paano po namin ito maibebenta kung ayaw pumayag nang 2 kong kapatid?

Hindi pa po namin naipatransfer ang pangalan ng title. Nakapangalan pa rin sa tatay namin. Patay na po ang mga magulang namin at walang naiwan na last will of testament.


Translation: We are 5 siblings. 3 of us want to sell our share of a land property inherited to us from our parents. The other 2 do not want to sell the property. How could we sell it, if 2 of our siblings do not want to sell it?

We cannot transfer the title to our name, because it is still under our father's name. Our parents are both dead now and they did not leave any last will and testament.

 

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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
The simplest thing you can do is to make an ExtraJudicial Settlement of Estate. Ito ay puedeng gawin ng abogado para sa inyo. You have to publish this and then, pay the estate taxes. When you have paid all taxes due on the property, you can use this Extrajudicial Settlement of Estate to have the TCT transferred to your names (Heirs of ----).
As heirs, you are now co-owners of that lot. Your share is not yet a physical share of the lot -- it is only a right to share in the lot. The most ideal is for all of you to agree to sell it, and then, after deducting the costs of the sale and the capital gains taxes on it, you can split the proceeds among yourselves. Kapag ayaw nung iba ibenta iyong kanilang share, you can still sell your share, iyon na nga lang, mahihirapan kayong makahanap ng buyer who is willing to buy your shares without your shares being actually delineated by partition. Please consult a lawyer before you do anything.

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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