For many, the joys of acquiring a new property can easily be spoiled by the hassles of title transfer.
What does one do when the title of the property newly acquired is still under the previous owner's name?
How to transfer a land title in the Philippines?
So, basically there are five steps:
1.) Gather all requirements (documents)
You have to secure all the documents from the Register of Deeds, Municipal or Provincial Assessor Office, and BIR (Bureau of Internal Revenue). What are these documents?
Certified copy of Title
Certified copy of Tax Declaration
2.) Assess and Pay Taxes
After gathering all the requirements, you have to secure the computation of the following taxes:
Capital Gain Taxes (from the BIR)
Documentary Stamp Taxes (from the BIR)
Transfer Tax (from the Municipal or Provincial Assessor's Office)
After you get the computation of the taxes, you have to pay it through the banks for Capital Gain Tax and Documentary Tax.
For the Transfer Tax, you have to pay it to the Municipal or Provincial Assessor.
3.) Process and Get the BIR Clearance
After payment of taxes, you have to go back to the BIR. You have to submit the documents (requirements) and file for the issuance of Certificate Authorizing Registration (CAR).
4.) Process the Transfer of Title
After you get the CAR from the BIR, you need to file or submit this to the Register of Deeds. You need to get the assessment of the registration fees. After that, you need to pay it. And then you have to wait until the transfer of title is processed.
5.) Transfer of Tax Declaration
So after you get the title, you have to go back to the Municipal or Provincial Assessor to file for the application of the transfer of Tax Declaration.
The whole process normally takes around two to three months to complete. As you can see, these tasks are bit complicated. It's very tedious and time consuming.
"How to Transfer a Land Title in the Philippines?" was written by admin under the Real Estate category. It has been read times and generated 71 comments. The article was created on .
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Gaano po ba katagal ang transfer of land title? Yung sa akin po kasi inabot na nang 3 years pero hanggang wala parin po ang title ko. Attorney nag aasikaso nung sa akin. Normal pa bo ba na umabot nang ganyan katagal ang processing nang tito?
Na isanla lupa namin sa isang tao sa petsa ng napag usapan hindi naka tupad ang magulang ko na bayaran ang pinaka sanlaan lumaki ang tubo ng halagang 50k, nung i verify namin ang titulo ng lupa namin, inilipat nila ang titulo sa pangalan ng napag sanlaan. Tanung ko po tama po ba na rematahin ang lupa na napag sanlaan at ilipat sa pangalan na napag sanlaan kahit na walang abiso.
Hello po gusto ko po sanang malaman kung may right po kamisa lupa na almost 40 years na naming tinitirahan. Ang kwento kasi ng tatay ko kung gaano kalaki ang malinisan mo yon ay iyong pag-aari at biglang may lumitaw na ang sabi sila daw ang may ari ng lupa at dahil hindi alam ng tatay ko ang tungkol sa karapatan sa lupa kami pa ang bumili ng kalahati nito. Ngayon yong kalahati nito na tinataniman namin ng gulay, puno at iba pang halaman gusto ulit nilang ibenta sa iba dahil kailangan daw nila ng pera. Hindi po namin alam kung may hawak silang titulo na patunay na sila nga ang may ari nito. Dahil dito na kami namulat at lumaki kung maaari po sana ay ayaw naming ibigay na lang ng basta basta ang lupa. May right po ba kaming ipaglaban ang lupa? Please help us, Thank you.
Can a Land Title of our surviving Mother be transferred to her daughter as a Deed of Donation without any of us five surviving siblings signing any Extra Judicial document stating that we agree with the Deed of Donation?
Gusto ko po sana malaman kung ang titulo ng yumao kong lolo kung pweede po ba maipatransfer sa pangalan ko? Dahil patay na po pareho ang mga magulang ko. subalit may tatlong kapatid pa ang nanay ko sa kasalukuyan .ano po ang dapat kong gawin?
Good day. Ask lang po ako. The lot are 1,000 square meter and land title own by my Sister. She sell to me a partial lot of 350 square meter. My problem is she loan in the the 650 square meter. What I will do get or transfer to my name the 350 square meter?.
ask ko lang if yung title ay Mother TItle tapos po yung owner o lolo ko ay matagal ng patay..paano po mapapalipat ung title under my name..lahat po ng anak nya ay patay na except po sa isa pero german citizen po siya,ako po ay apo sa tuhod na... Sa akin po iniwan ng lola ko ung title...apat po kami magkakapatid...please reply po para malaman ko ang gagawin step by step...Maraming Salamat..
My older brother manipulated my ill mother into signing a deed of sale and transferring her properties to him before she passed away. She also has some farm trees that he had taken over. My mother had always been fair to us and wanted to distribute her properties equally to all her children before she passed. This brother and his common law wife were both dope addicts and were homeless before they and their children moved into my mother's home and lived with her for three years before my mother passed away. I used to send money for my mother for her subsistence and medication which my brother and his wife use for their own and even used her money for medication which have caused my mother to pass away quickly. I am currently unemployed abroad and don't know what to do. Before my mom passed away in 2007, I even built a 5 door rental apartment in her property in 2006-2007 so her needs and medication were taken cared of. My brother had taken all the rental proceeds ever since without even taking into consideration that there are still four of his siblings that should benefit from my mothers properties. What do I do and who should I consult about this? Thank you. email@example.com
May tanung lang po ako. Una sa lahat nakabili po ako nang lupa sa province nang Butuan City. This transaction eh very hassle kasi po yung lupa na bili namin ai wala palang original tittle anyhow, kami pa ang nag process sa lahat nang papers from the mother of tittle kasi nong original na owner kasi ang nabilihan namin is anak na so yong papa nang papa nioya ai hindi pala nila gi hand over yong orignal nang mother of tittle so kami pa ang nag pa process sa lahat . Cut the story short now after couples of years kasi 2012 pa ito natapos lang at lumabas ang mother of tittle is this year 2016 na after all the long process. Ang nang yari po ngayun lumabas na ang mother of tittle complete na nalahat however, po pinabalik nanaman ang papers sa BIR to get the clearance pero ang problema kasi till now how many months na sa kanila yung papers hindi parin lumabas kasi ang rasons is may new protocols daw ngayun na naka hold nang papers namin to go back sa ROD. Ewan ko bakit ganito ang storya eh completo naman lahat requirements? Salamat po hope to hear from you son.
Hello. I made full payment to the developer and got a TCT with my name as the owner and an official receipt indicating a transfer taxas the nature of collection with my name as payor. Is the transfer process complete already or do I still have to do something? Somebody recently that all TCTs should be "annotated". I've been paying for the real property tax for many years, all of them indicating my name as owner
some lands in our community were sold to the city government and converted into city subdivision . these lands were awarded by the governments to the residents in the area but don't have a transfer of title.
how to acquire land title, awarded by the government ?a transfer of title is needed
hi ! i wonder is almost 5 months now and almost 3 months mytitle is not done for my land i spend a lots of money keeping waiting the realeease of mt DAR And BIR .i already given 2k just to sign from BIR under the table and my cousin keeping telling me wait for DAR text .my cousin always going to Lucena for DAr.
I bought a part of a land and transferred it in my name but the processing was a dismay. from the date I lodge my papers at ROD its been a year now. every time I make a follow up the ROD its always in the encoding process. My question is how long will it takes the encoding section to complete the process.
Quick question here. A property and land title has been under my parents. They let my uncle stayed in that property and paid the property tax. Will there be any problem and does my uncle have the right to claim the property under his name?
my developer submitted all the requirements for my land title application and that is almost 1 year now. how true the processing is only 90 days? pls. help me about this because i need my land title badly,, thanks..
You need to know first the basis why the title needs to be transfered.. Is it because of a sale, donation, or by way of inheritance. You need to go to an experienced lawyer or a person who knows how to make legal documents that will fit in the title that is to transfered. Your explanation is quite good but you did not mention any document why a title is to be transfered. Like a Deed of Sale, Deed of Donation.
What will happen to my property which is in my name when I pass away? I am a widow with 2 ault children and one minor. I don't want to transfer the title to them yet because I may need the document for other purposes such as getting visa, etc..
My husband has one hectare property and he has plan to sell it after knowing when his fixing the requirements to sell it that there was an attachment (someone filled civil case for collection small amount of money 200,000pesos] to us.my questions are can we able to transfer the title to the buyers even if there is attachment to the tax declaration,the title is clear in the registry of deeds if there is attachment in tax declaration can he transfer the title to the buyer.the property cost more or less 12 million pesos and the amount of the attach civil case is only 200,000 pesos,thank you for your future answer
I saw this post and I need to comment. The first step has an inaccurate list of documents. The documents will depend on what type of property you are buying. A certified copy of the Title and tax declaration are not the only documents you need... I also saw a comment regarding the deadline of payments for Cap. Gains Tax, Doc stamp tax and Transfer Tax. They DO NOT have the same deadline of 60 days. Please do not post information that you are not knowledgeable of, it will confuse the reader. If you buy from a real estate company, they will do this job for you. Transferring titles on your own is very tedious and frustrating. May I suggest you buy properties from a REALTOR. They will do this job for you and they are licensed to do all this documentations.
I bought land in my province last 2010 but until now I still didn't transfer it to my name. Is there any possibility that the owner before might take the land back even though the title was already in my aunt's hand? If I will transfer that these days, how much do I spend for that matter? That land is not costly.I bought that sixty thousand peso 5 years ago.How much do I need to pay for the tax?
Last 2010 I bought a land from our neighbor the problem is the land that she sold for us was from the lahar donation land. And we got only certificate from her. My question is how can we legalise so we can transfer in our name and have a land of title under our name. And how much would it cost??
Very important to remember, all three - Capital Gains Tax, Documentary Stamps and Transfer Tax should be paid within 60 days from the date the Deed of Sale is notarized or else there will be penalties and interest.
I don't think 2-3 months is the time frame.It is more than that.Register of Deeds can not give you exact time.I have filed our transfer of title end February I went to follow it up in July, still on process...
Taxes are not always Capital Gains. If you are dealing with a developer that is regularly engaged in dealing real properties, it wouldn't be capital gains tax, but a creditable withholding tax (CWT). CGT or CWT should be for the account of the seller. If the buyer shoulder these taxes, then it should be added to the cost of purchase. As result, tax would become higher.