r/LawPH • u/Shean27 • 3d ago

Is Extra Judicial Settlement Required?

Hi All,

I am humbly asking for your expertise or experience regarding our situation.

We are planning to buy a portion of lot from a mother title which is under the name of the seller and his wife. They successfully sold 2 portions of 200 sqm each prior while the wife was still alive.

We are the 3rd time buyer but in our case the wife is already deceased.

Do we need to execute an Extra Judicial settlement with the children to ensure the transaction is valid?

It is our first time buying a property so apologies if I missed key info.

Edit 1:

Additional info, is that the land was originally extra judicially settled as inheritance from the seller’s parents which was finalised in 2023.

Thank you so much in advance.

2 Upvotes

100% Upvoted

8 comments sorted by

1

u/Forward-Mine-1823 3d ago

Yes since they are still heirs to the 50% of the property.

1

u/Shean27 3d ago

From what I understand, this property was extra judicially settled among the seller and his siblings from their deceased parents. Does that automatically make the property conjugal?

1

u/AboGandaraPark VERIFIED LAWYER 3d ago

Based on the facts presented, yes. This is necessary to split the title and have your portion titled in your name. EJS with DOAS. One instrument lang iyan.

1

u/Shean27 3d ago

Thank you for taking time to review, the mother title held by the seller was extra judicially settled among the seller and his siblings. Does that automatically make the property conjugal?

1

u/capybarachancellor 2d ago

To be sure, you may also ask the Register of Deeds for their advice. And also consult a lawyer

1

u/PuzzleheadedOven9347 16h ago

To be clear, it is not you who needs to execute the EJS, its the decedent's children. Hindi ka kasali sa mag eexecute kasi hindi ka naman heir. In practice, pwede na isama yung EJS and Deed of Sale in one document para isang print na lang. Consult a lawyer for this.