Wednesday, April 12, 2006

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.

NOTE: [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.

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