Selling A Lot With Mother Title
Mother Title is the original title of ownership of a land or property. It’s the first registered title of the property and the document that traces the origin of the property. Most of the time, it is called the ancestral lot.
As the property changes hands from one owner to another through various transactions like gift deed, inheritance, etc., these needs to follow through the transfer document. However, some property owners fail to file and process the transfer of property hence leaving the property bearing the Mother Title.
How to sell a property or a portion of it with a Mother Title?
Do not consider selling a piece of property and the person when you are not the rightful owner of if. Even if you are the legal heir to the owners of the land, if the title is not under your name – you are not the owner of the property. If the the person listed on the title is deceased, the first thing you need to do is check with every last heir to the title.
Now if the owner of the property is your maternal grandmother and she has two children including your mother. It means that in instance that your mother is deceased, you and your siblings is next in line to her share. But a portion of it is also a share of your mother’s sibling. If both your aunt and mom are deceased but you have cousins from your aunt. It means that they also have the right to the property.
You can contact every heir and ask for their interest in the property. If they are willing to sell or not. An extrajudicial settlement of estate can be done by compiling signatures that they allow and sign off their rights to the property in question. They can file an adverse claim on the property and have that annotated on the title so that before the property or any portion of it is sold, they need to sign off a Deed of Absolute Sale, and receive their percentage of the proceeds.
It can be a tedious task to go over all your relatives, especially if they leave far away from you or even abroad but it is the only way for you to sell the property or your share/portion of it.