Dear PAO,
I am planning to buy a property, but the original owners are already dead. The heirs have not yet transferred the property in their names but they decided to sell the property anyway.

My question is, is it alright if I buy the property transferring the title in the heirs’ name or I will require them first to have it transferred in their name then the sale?
John

Dear John,
As defined, sale is a contract where one of the contracting parties obligates himself to transfer the ownership and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent (Article 1458, New Civil Code of the Philippines)

Since the ownership of the property mentioned in your letter was transferred to the heirs of the original owners upon their death by way of succession, the heirs are now the owners of the said property. They have the right to sell the same. According to the New Civil Code of the Philippines, the owner has the right to dispose of a thing unless otherwise proscribed by law. Article 428 thereof provides:

“Art. 428. The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law.

The owner has also a right of action against the holder and possessor of the thing in order to recover it.”

As the new owner, the heirs can enter into a contract of sale with you and once an agreement is reached the contract of sale is consummated. Likewise, the effect is the same whether or not the title is transferred in their names as long as all are amenable to the sale and that this is reflected in a Deed of Absolute Sale or Extrajudicial Partition of Estate with Deed of Absolute Sale, as the case may be.

Upon registration of the aforesaid documents with the Registry of Deeds of the place where the property is located together with the submission of the title of the said land, the payment of taxes and other fees, publication and other requirements that the Register of Deeds may require, the title of the land shall be cancelled and a new one issued in your name.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to guide you with our opinion on the matter.