Transfer of Title

  Title transfer: From the mother Title to each Individual Subdivided Lot

Depending on the nature and origin of the title, the transfer process can take a long time.

The "Mother" title, which refers to the title that encompasses the entire property, is frequently held in the name of the Seller's departed parents or other kin. The most time is spent processing this scenario. To wit:

1. The completion of the EXTRAJUDICIAL SETTLEMENT OF ESTATE for Sale or Partition. Due to the requirement that all heirs who own shares or interests in the property be present, the execution may take some time.

2. Following that would be the processing and payment of the estate tax as well as the publication of the extrajudicial settlement of the estate.

3. The heirs must simultaneously hire a qualified geodetic engineer to survey the property and layout the subdivision plan based on the agreed-upon partition if the heirs consented to a specific division. The DENR will then be asked to approve it. (Depending on the DENR, this typically takes 3–12 months.)

4. The heirs can now proceed with the BIR to settle the estate tax and wait for the release of eCar after completing the publication requirements. Typically, 3-6 weeks

5. You can now head over to the Registry of Deeds to amend the Title after the eCar has been published. To the HEIRS from the Old Title named after the Deceased Parents.

6. When the DENR announces that the partition/subdivision plan has been approved, the heirs may next move to the Registry of Deeds (ROD) to submit an application for the splitting of title. This could take as long as six weeks.

7. The heirs may now visit the Assessors for assessment, inspection, and issuing of individual Tax Declaration following the individualization and release of the Titles.

8. Property subject to estate taxes and divided among heirs shall be noted for two years with encumbrances for its liabilities under Sec. 4 Rule 74. This serves as a safeguard for all creditors or heirs who are unaware of or not included in the division.

9. Now is the time to begin the transfer process if you purchase a portion of this property, which might involve the following:

•  A final Deed of Sale bearing Title No. and a description of the relevant part.
•  Payment of Documentary Stamp Tax, Capital Gains Tax, and Other Transfer Fees.
•  Now that the BIR Transfer Tax has been paid, you can get your eCAR from the BIR. (3-8 weeks)
• When the eCAR is ready, you can head over to the ROD to transfer the title. (3-8 weeks)
• Once the title has been released, you must go to the assessor's office for an inspection, an evaluation, and the issue of a new tax declaration. The length of the complete process varies from 18 to 36 months depending on how quickly you can meet all the prerequisites.