Land titles: issues and questions (2)

What are the requirements of the Register of Deeds for the issuance of transfer certificates of titles?

Deeds of transfers (sale, assignment, exchange, etc):

(1) copies of the document; (2) owner’s duplicate of certificate of title; (3) current tax declaration; (4) certificate of realty tax payment; (5) transfer tax; (6) capital gains tax and BIR clearance; (7) BIR confirmation receipts evidencing payments of documentary stamps; (8) payment of registration fees.

Deed of donation, mortis causa or inter vivos:

(1) copies of the document; (2) owner’s duplicate of certificate of title; (3) current tax declaration; (4) certificate of realty tax payment; (5) transfer tax; (6) donor’s tax and BIR clearance; and (7) payment of registration fees.

Extrajudicial settlement of the estate of a deceased person:

(1) copies of the document; (2) owner’s duplicate of certificate of title; (3) current tax declaration; (4) certificate of realty tax payment; (5) transfer tax; (6) estate tax and BIR clearance; (7) affidavit of publication by the editor or publisher; (8) payment of registration fees; (9) if the deed includes personal property, a bond shall be filed.

Judicial settlement of estate of a deceased person:

(1) certified copies of the following documents: [A] project of partition/last will; [B] letters of administration / testamentary; [C] court order approving project of partition/allowing probate of last will; (2) certificate of finality of the court order; (3) owner’s duplicate of certificate of title; (4) current tax declaration; (5) certificate of realty tax payment; (6) transfer tax; (7) proof of payment of estate tax and BIR clearance; (8) payment of registration fees.

Real estate mortgage/Lease contract:

(1) copies of the instrument; (2) owner’s duplicate of certificate of title; (3) certificate of realty tax payment; (4) documentary stamps/BIR; (5) payment of registration fees.

Notes:

A. If the transferor or transferee is a corporation, the following also have to be submitted: secretary’s certificate, board resolution, copies of the articles of incorporation and bylaws.

B. in all the foregoing deeds or documents, tax identification number of the executors and the notary public must be reflected.