Q. Dear Atty. Rogie Wong , I have been reading your article in Balita regarding properties in the Philippines. I decided to seek your advice so I will be able to do the necessary steps needed regarding our property in Bulacan.
We have a parcel of land which has been divided among the four of us. Each of us has our individual titles and we wanted to sell this property but our concern is in each title the names of our aunts are included. However, they have passed away already so is there a way that we can sell our property?
Just to make it clear for example, “lot 1 – Juana Dela Cruz, single and alive and Juanita Cruz, single and deceased”. The same applies with the other 3 lots. One is alive and the other one has passed away.
Can you please give us the necessary steps needed so we know what we are supposed to do. Our aunts were all single.
The same thing applies with our property in Quezon City. However, the TCT is in the name of our aunt who died 3 years ago. She left no will except a Deed of Donation stating that such property is willfully donated to her 2 nephews and 2 nieces.
Does that Deed of Donation still counts or is there an expiry to this? Our deceased aunt has one surviving sister who is 90 years old and is a nun. Is it true that our aunt is the legal heir of the said property and considering that she is a nun we were told that they usually make a will in their Congregation that entitles the said Congregation to claim such property. Kindly advice us please.
The same thing applies with our property in Quezon City. However, the TCT is in the name of our aunt who died 3 years ago. She left no will except a Deed of Donation stating that such property is willfully donated to her 2 nephews and 2 nieces.
Does that Deed of Donation still counts or is there an expiry to this? Our deceased aunt has one surviving sister who is 90 years old and is a nun. Is it true that our aunt is the legal heir of the said property and considering that she is a nun we were told that they usually make a will in their Congregation that entitles the said Congregation to claim such property. Kindly advice us please. Thank you! Fely
ANS. Hello Ms. Fely. Based on my appreciation of the facts in your narration, it appears that although your respective and individual names appear in your individual titles, this also true as regards to the name of your deceased aunt .
This means that there is co-ownership between you and your deceased aunt in subject property covered by the title. Your concerned is whether you can sell the property the way it is as the other co-owner is already deceased. As a rule YES. As Co-owners respectively, you have all the right to dispose the full extent or interest of your co-ownership.
In this regard, if the division or interest of each owner is not shown in the title, then it is presumed that each co-ownerships’ interest over of the undivided property is 50-50.
There two ways of affecting the sale of this undivided property. First you can execute a Deed of Sale/Assignment of your co-ownership/interest to whomsoever is interested to buy your share or interest thereof in the property. The share or interest of your deceased aunt who is a co-owner of this property, her heirs(surviving siblings) can also sell, assign, convey or execute the same Deed. However, simultaneous to and/or prior to the sale, the heirs must Settle the Estate of the deceased first either by way of Extrajudicial Settlement and/or under the law of succession. And if the deceased co-owner has a WILL, then the will shall be probated in the court of law to prove its due execution by the testator and the disposition of the same .
If there is no WILL, and there is no disagreement amongst the heirs in the manner of the partition or subdivision of the estate and the deceased has no debt, then the procedure will be more simple and less complicated, as there is no need for them to go court .
All they have to do is execute or signed an extrajudicial settlement of the estate, observe the legal notice requirements and pay the corresponding estate taxes and other required fees. Then the process is done and title of the property passes unto the buyer or transferee .
The co-owner or the heirs may also sell their shares or the estate or inheritance, in a separate Deed or instruments , even if these documents are executed outside the Philippines, provided that the same is notarized or duly acknowledged by the Consular officer of the Philippines, at the Philippine Consulate or Philippine Embassy .
As to your query of who are the heirs of your deceased aunt? Under Art. 1004 of the Civil Code, the surviving siblings or brothers/sisters of the deceased shall inherit, if the deceased has no children or descendant of her owned.
If the deceased siblings have children, then the nephew(s) and niece(s) by right of representation of their respective deceased parent also inherits or take the place of their deceased parents as heirs of their deceased aunt/uncle.
You mentioned that in other properties, your deceased aunt and co-owner has a left a Deed of Donation naming nephews and nieces as donees. In this regard, there are two kinds of Donations. One is Donation Mortis Causa, which take effect after the death of the Donor and the other one is Donation Inter Vivos which takes effect during the lifetime of the Donor.
It is not clear in your letter the nature of the donation whether it is Mortis Causa or Intervivos . This corner will not venture to speculate about it.
However, as a general rule, if the Donation is Mortis Causa, then, this document partakes that of a testamentary disposition similar to that of a Will and is covered by the law on Testate Succession.
In this case of Donation Inter Vivos, in order that the donation must be valid, it is essential that the donees , in this case the nephews and nieces , must have accepted the DONATION, by means of written and notarial acceptance in order the donation effective or consummated. If there is no notarial and written acceptance of the Donation by the donees’ concerned then the donation have no force and effect.
In the matter of the aunt who is a nun, this fact could not affect the right of the surviving siblings and the nephew(s) or niece(s) from inheriting the property. And if ever, the deceased nun has executed a will, certain portion of the property may be disposed in favour of the beneficiary named in the Will. The rest shall go to the surviving heirs either as “pro indiviso” or common shares with respect to the siblings or Per stirpes”( by stock) with respect to the nephew/nieces .
As to the congregation of the deceased nun automatically becoming an heir… this representation submits that there is no law which grants the congregation automatic right to succeed the estate of a deceased belonging to such religious order . However, the deceased nun or testator may name and institute her congregation as heir-beneficiary in her will.
In the situation you mentioned, the heir of your aunt who is a nun, is her surviving sister/sibling. And if she has other siblings who have already died and they have children, then the niece(s) or nephew(s) as the case may be, are also considered as co-heirs with the surviving sibling of the nun.
Lastly, settlement of the estate is complicated matter. It is suggested that you confer with your lawyer or professional practitioners to provide you with professional assistance in the settlement and disposition of the estate . Thank your for writing and best regards.
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