13/10/2026
🏡⚖️ REAL ESTATE FUN FACT: CAN YOU SELL LAND EVEN IF THE TITLE IS STILL UNDER A DECEASED PERSON'S NAME? 🤔📜
💡 THE ANSWER IS YES — BUT UNDER CERTAIN LEGAL CONDITIONS!
Did you inherit a property from your parents, grandparents, or relatives, but the land title is still registered under their name?
🏠 Are you planning to sell the property but unsure whether you need to transfer the title first?
✨ GOOD NEWS! Under Philippine law, ownership rights pass to lawful heirs upon the death of the property owner. However, selling inherited property requires proper documentation, compliance with applicable laws, and consideration of the rights of all heirs.
⚖️ WHAT DOES THE LAW SAY?
📖 Article 777 of the Civil Code of the Philippines (Republic Act No. 386) provides:
"The rights to the succession are transmitted from the moment of the death of the decedent."
This means that lawful heirs acquire hereditary rights upon the property owner's death, even if the land title has not yet been transferred to their names.
📋 5 IMPORTANT THINGS YOU SHOULD KNOW BEFORE SELLING INHERITED PROPERTY
1️⃣ 🏡 INHERITANCE RIGHTS – Lawful heirs acquire hereditary rights upon the death of the property owner.
2️⃣ 📜 EXTRAJUDICIAL SETTLEMENT OF ESTATE – Qualified heirs may execute an Extrajudicial Settlement of Estate when legally permitted to establish and document the distribution of the estate.
3️⃣ 🤝 SALE BY HEIRS – The lawful heirs may execute the appropriate deed of settlement with sale or other applicable documents, subject to legal requirements.
4️⃣ 🏛️ BIR COMPLIANCE – Estate taxes, applicable transfer taxes, and documentary requirements must be properly addressed.
5️⃣ 🔑 TITLE TRANSFER – Registration and title transfer requirements must be completed to properly document the transaction and secure the buyer's ownership.
⚠️ IMPORTANT REMINDER!
A co-heir generally cannot sell the entire inherited property as its exclusive owner without proper authority from the other co-heirs.
A sale of an undivided hereditary interest is legally different from a sale of the entire property.
💛 INHERITED PROPERTY? SETTLE IT PROPERLY BEFORE SELLING!
At BOHOLANA REALTY BROKERAGE & APPRAISAL CO., we assist property owners, heirs, buyers, and sellers with:
✅ Extrajudicial Settlement of Estate Documentation
✅ Estate Tax & BIR Processing
✅ eCAR / CAR Processing
✅ Land Title Transfer & Registration
✅ Tax Declaration Transfer
✅ Deed of Sale & Property Documentation
✅ Real Estate Brokerage & Appraisal Services
🏡 YOUR PROPERTY. OUR PRIORITY.
📩 NEED ASSISTANCE WITH AN INHERITED PROPERTY?
Let our team guide you through the necessary documentation and processing requirements.
📞 CONTACT US TODAY!
📱 0922-322-5922 (Sun)
📱 0995-362-6112 (Globe)
☎️ 038-422-8738 (Landline)
📧 [email protected]
🌐 www.boholanarealty.com
📍 Tagbilaran City Office | Dao, Dauis Office
🌴 Bohol, Philippines
💬 Have questions about inherited land or property title transfers? Send us a private message today!
📌 Disclaimer: This post is for general legal information only. Actual requirements depend on the circumstances of the estate, the heirs, and the property. Consult a qualified legal professional for case-specific advice.
