The property remains under the mother title, although it has already been subdivided. The heir intends to sell the land, including the house, on an installment basis. However, full possession and control of the house will only be transferred to the buyer upon the death of the seller. The buyer is a relative of the seller. The seller wishes to dispose of the property due to old age and to prevent her siblings from inheriting it. Although the seller has children, they have not been in contact with her for a very long time. The question arises whether the seller can legally sell the property without the consent of her children, and what legal documents should be prepared to ensure the buyer is protected in case third-party claims arise.
Lawyer Answers
Recososa Law Firm
Feb 17, 2026
Feb 17, 2026
Hello:
Presuming this concerns property located in the Philippines, allow me to answer this in general terms under Philippine law.
Firstly, on whether the seller can dispose of the property without the consent of her children.
If the property is exclusively owned by the seller, meaning it is under her name in the mother title and it is not conjugal or co owned property, she generally has the right to sell it without securing the consent of her children. Under the Civil Code, ownership includes the right to dispose of the property.
However, you need to be careful here.
a.) The children are compulsory heirs under Articles 887 and 888 of the Civil Code. They are entitled to their legitime.
b.) While the seller is still alive, the children have no vested right over the property. Their right only arises upon her death.
c.) If the seller disposes of the property in a manner that impairs the legitime of the children, the children may later file an action for reduction of inofficious donations or for collation if the transaction is proven to be simulated or in reality a donation disguised as a sale.
So yes, she can sell without their consent, but the structure of the transaction must be legitimate and for real consideration, otherwise it may be attacked later.
Secondly, the bigger legal issue is this arrangement, possession will only transfer upon the death of the seller.
That raises serious legal concerns.
a.) If the buyer pays in installments but ownership and possession transfer only upon death, this may look like a disposition mortis causa.
b.) Under Article 728 of the Civil Code, dispositions that take effect upon death must comply with the formalities of a will.
c.) If the contract is crafted in a way that the transfer only happens after death, a court may treat it as an invalid testamentary disposition if not in the form of a will.
This is dangerous for the buyer.
If the intent is really a sale, then ownership should transfer upon execution or upon full payment, not upon death. Otherwise, you risk invalidation.
Thirdly, since the property is still under a mother title and merely subdivided, you must address title risks.
a.) There should be an Extrajudicial Settlement or proper partition among the heirs if the mother title is still under the name of a deceased ancestor.
b.) The specific lot being sold must have a technical description and should ideally be titled separately before final conveyance.
c.) Without a separate TCT, the buyer is exposed to claims from co heirs or third parties.
Selling a subdivided portion that is not yet covered by a separate title is legally possible, but it carries risk. At minimum, a Contract to Sell should be executed pending issuance of a new title.
Fourthly, on protecting the buyer from third party claims.
The following documents are advisable:
a.) A properly notarized Contract to Sell or Deed of Absolute Sale, depending on structure.
b.) Warranty clause expressly stating that the seller guarantees peaceful possession and defends the buyer against any adverse claims, under Articles 1547 and 1555 of the Civil Code.
c.) Undertaking to secure subdivision approval and issuance of separate title.
d.) Annotation of the contract on the mother title, if feasible, to bind third persons.
e.) If installments are involved, a Contract to Sell is safer, ownership transfers only upon full payment, but not dependent on death.
If the seller's real intention is to exclude her siblings from inheriting, the proper legal tools are:
1.) To settle and transfer the title solely in her name first.
2.) To execute a legitimate sale for fair market value.
3.) Alternatively, to execute a valid will if she wants to control succession, instead of structuring a sale that operates like a will.
Finally, on practical risk.
If the children reappear after the seller's death and claim that the sale was simulated or that the price was grossly inadequate, litigation is very possible.
The safest protection for the buyer is:
a.) Fair consideration, not token price.
b.) Clear proof of payment, bank transfers, receipts.
c.) Proper notarization and registration.
d.) Transfer of ownership during the seller's lifetime, not upon death.
If the seller truly wants peace and to prevent future conflict, the cleanest solution is to fix the title first, execute a legitimate sale with real consideration, and register it.
I am the Owner and Managing Partner of Recososa Law Firm, and we have offices in Luzon, Visayas and Mindanao. If you wish, we can structure this properly and draft the documents in a way that minimizes future litigation risk. We can schedule an initial consultation via Google Meet or Zoom, or meet physically in our office.
You may also support us by liking and sharing our pages:
Sincerely,
ATTY. JOFRE B. RECOSOSA
Owner, Managing Partner
Recososa Law Firm
Presuming this concerns property located in the Philippines, allow me to answer this in general terms under Philippine law.
Firstly, on whether the seller can dispose of the property without the consent of her children.
If the property is exclusively owned by the seller, meaning it is under her name in the mother title and it is not conjugal or co owned property, she generally has the right to sell it without securing the consent of her children. Under the Civil Code, ownership includes the right to dispose of the property.
However, you need to be careful here.
a.) The children are compulsory heirs under Articles 887 and 888 of the Civil Code. They are entitled to their legitime.
b.) While the seller is still alive, the children have no vested right over the property. Their right only arises upon her death.
c.) If the seller disposes of the property in a manner that impairs the legitime of the children, the children may later file an action for reduction of inofficious donations or for collation if the transaction is proven to be simulated or in reality a donation disguised as a sale.
So yes, she can sell without their consent, but the structure of the transaction must be legitimate and for real consideration, otherwise it may be attacked later.
Secondly, the bigger legal issue is this arrangement, possession will only transfer upon the death of the seller.
That raises serious legal concerns.
a.) If the buyer pays in installments but ownership and possession transfer only upon death, this may look like a disposition mortis causa.
b.) Under Article 728 of the Civil Code, dispositions that take effect upon death must comply with the formalities of a will.
c.) If the contract is crafted in a way that the transfer only happens after death, a court may treat it as an invalid testamentary disposition if not in the form of a will.
This is dangerous for the buyer.
If the intent is really a sale, then ownership should transfer upon execution or upon full payment, not upon death. Otherwise, you risk invalidation.
Thirdly, since the property is still under a mother title and merely subdivided, you must address title risks.
a.) There should be an Extrajudicial Settlement or proper partition among the heirs if the mother title is still under the name of a deceased ancestor.
b.) The specific lot being sold must have a technical description and should ideally be titled separately before final conveyance.
c.) Without a separate TCT, the buyer is exposed to claims from co heirs or third parties.
Selling a subdivided portion that is not yet covered by a separate title is legally possible, but it carries risk. At minimum, a Contract to Sell should be executed pending issuance of a new title.
Fourthly, on protecting the buyer from third party claims.
The following documents are advisable:
a.) A properly notarized Contract to Sell or Deed of Absolute Sale, depending on structure.
b.) Warranty clause expressly stating that the seller guarantees peaceful possession and defends the buyer against any adverse claims, under Articles 1547 and 1555 of the Civil Code.
c.) Undertaking to secure subdivision approval and issuance of separate title.
d.) Annotation of the contract on the mother title, if feasible, to bind third persons.
e.) If installments are involved, a Contract to Sell is safer, ownership transfers only upon full payment, but not dependent on death.
If the seller's real intention is to exclude her siblings from inheriting, the proper legal tools are:
1.) To settle and transfer the title solely in her name first.
2.) To execute a legitimate sale for fair market value.
3.) Alternatively, to execute a valid will if she wants to control succession, instead of structuring a sale that operates like a will.
Finally, on practical risk.
If the children reappear after the seller's death and claim that the sale was simulated or that the price was grossly inadequate, litigation is very possible.
The safest protection for the buyer is:
a.) Fair consideration, not token price.
b.) Clear proof of payment, bank transfers, receipts.
c.) Proper notarization and registration.
d.) Transfer of ownership during the seller's lifetime, not upon death.
If the seller truly wants peace and to prevent future conflict, the cleanest solution is to fix the title first, execute a legitimate sale with real consideration, and register it.
I am the Owner and Managing Partner of Recososa Law Firm, and we have offices in Luzon, Visayas and Mindanao. If you wish, we can structure this properly and draft the documents in a way that minimizes future litigation risk. We can schedule an initial consultation via Google Meet or Zoom, or meet physically in our office.
You may also support us by liking and sharing our pages:
Sincerely,
ATTY. JOFRE B. RECOSOSA
Owner, Managing Partner
Recososa Law Firm
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