CAN REGISTRY OF DEEDS (ROD) CANCEL A CERTIFICATE OF TITLE?

CAN REGISTRY OF DEEDS (ROD) CANCEL A CERTIFICATE OF TITLE?

The Court may order ROD to cancel a fully issued certificate of Title if it was procured in fraud.

So WHAT constitutes FRAUD?

If a DEED - Deeds of Sale, Donation, Extra Judicial Settlement — is forged, then a fraudulent deed is a nullity and conveys no title (Fulle vs. Legare, 117 Phil.367) …and subsequent transactions are likewise void.

WHAT IS THE RULE on EJS of estate?

According to Rule 74, Section 1 of the Rules of Court, for an extrajudicial settlement to take place, the following criteria must be met: 

— No valid will left by the deceased owner

— No existing debts by the deceased owner. If there are, these must be fully paid. 

— Heirs must be 18 years of age and above.  If not, a judicial or legal agent must represent the minor heirs.

Any deviation to the above, or a certain criteria is missed, then a void title is unavoidable.

And VOID TITLE can be canceled. PERIOD!

Next:  Judicial and Extra Judicial Settlement.

Pm me if anything.

Wilma BV

wilmacookie@gmail.com

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