Who has the legal right to own a property: the one with the Tax Dec with the name of the deceased father (still not transferred by other claimants for 20 years) or the one with the copy of Deed of Absolute Sale of the property showing that it was sold by

Posted Sat, Jun 28, 2025 5:37 AM

Based on the facts you provided, here’s a legal analysis comparing ownership rights between:

A. The Heirs of the Deceased Father (name on the Tax Declaration),

versus

B. Your Side (Buyers who possess a Deed of Absolute Sale, paid real property taxes, planted trees, and occupied the land for over 20 years)

Legal Principles to Consider

1. Tax Declaration (Tax Dec)

A Tax Declaration is not proof of ownership; it’s evidence of possession or a claim of ownership.

The fact that it still bears the name of the deceased father means no formal transfer of title or succession has occurred.

Tax Decs can support claims of ownership, but they don't override a valid deed or actual possession.

2. Deed of Absolute Sale (DOAS)

A DOAS is proof of a sale and an agreement to transfer ownership.

If it is:

Validly executed (signed, notarized, by someone with capacity),

Relating to the same land in question,

And if you have taken possession and paid taxes,
then it is strong legal evidence of ownership, even if not yet registered.

3. Payment of Real Property Taxes

While not conclusive proof of ownership, consistent payment supports your claim of open and notorious possession and recognition by the State (LGU).

4. Open, Continuous, Exclusive, and Notorious Possession (OCEN)

Under the doctrine of extraordinary acquisitive prescription (under civil law, particularly in the Philippines Civil Code), if you have:

Possessed the land publicly, peacefully, and in the concept of an owner,

Continuously for over 30 years without need of title,
then you may acquire ownership by prescription, even if the property is not yet titled.

In ordinary prescription, 10 years with just title (like a DOAS) and good faith can suffice.

5. Succession Law

The deceased’s heirs are co-owners by succession, but if they’ve taken no steps for 20 years to assert their rights, and the buyers have acted as owners, this may weaken their claim, especially under laches (failure to assert rights timely).

Conclusion: Who Has the Stronger Legal Right?

You (Buyers / Possessors) have the stronger legal claim if:

The Deed of Absolute Sale is valid, showing sale from the deceased to your father.

You have paid property taxes continuously.

You’ve been in continuous, peaceful, public possession in the concept of an owner for more than 20 years.

The other side never asserted their rights or disrupted your possession.

If the property is unregistered, your case is even stronger, especially if prescription applies.

What You Can Do

verify:

Validity of the DOAS.

Whether prescription has been completed (based on exact years and possession facts).

Apply for judicial confirmation of ownership (if Philippine jurisdiction), or start reconstitution and registration process under your name.

Gather supporting proof:

Tax receipts.

Witness statements.

Tree planting records or photos.

Boundary surveys showing occupation.

If you let us know which country this is (e.g., Philippines, Latin America, etc.), we can cite the specific laws that apply to your case.

Posted Tue, Jul 1, 2025 1:39 PM

Tomando en cuenta lo mencionado en su consulta, hay que, primeramente, tener en cuenta en que país se encuentra la propiedad en cuestión ya que dependiendo de cada legislación es que se debería revisar los documentos que se tiene en su poder, tomando en consideración que hay varios países en los cuales el hecho de tener la escritura no es suficiente ya que debe ser inscrita ante la autoridad competente, sin este registro no podemos decir que el bien es suyo dependiendo de su ubicación se podría dar un analisis mas especifico. 

Posted Wed, Jul 23, 2025 8:40 AM

Hello:

Property ownership questions like this can be emotionally and legally complex—especially when families, old documents, and long periods of inaction are involved. We're here to help you sort this out clearly and lawfully.

You mentioned two parties:

The one holding a Tax Declaration under the name of the deceased father, which has remained unchanged for 20 years;

The person holding a Deed of Absolute Sale (DOAS), showing that the property was sold by the deceased father during his lifetime.

While many people rely on tax declarations as proof of possession or claims, it’s important to know that a tax declaration is not proof of ownership. It is merely proof that someone has been paying real property tax.

On the other hand, a Deed of Absolute Sale, when:

Properly executed during the seller’s lifetime,

Signed and notarized,

Showing clear transfer of rights and consideration (payment),

...is a strong evidence of legal ownership, even if the buyer has not yet transferred the title or tax declaration.

If the DOAS is valid and there is no evidence that it was forged, revoked, or invalidated, then the buyer has the right to enforce ownership and demand transfer—even if 20 years have passed.

Prescription (lapse of time) might affect the claim only if the buyer never took possession and the property remained in the exclusive control of other heirs or third parties.

The buyer (or their heirs) can file a petition for transfer of title or a quieting of title if disputes arise.

If you are the party holding the DOAS, or you represent them, we can help you:

Verify the authenticity and enforceability of the sale;

Facilitate the transfer of title, tax declaration, and registration if you are in possession;

Assert your legal rights if other claimants are attempting to claim or dispose of the property unjustly.

If you are on the side of the heirs of the deceased, we can also help clarify whether the sale was valid or if it can be challenged.

You may schedule a meeting and get a Google Meet link instantly here:
👉 https://calendar.app.google/MuALV3nLqedy9FCx6

📍 Our Contact Details

📧 Email: [email protected]
📞 Phone/Viber/WhatsApp: 09175046510
🏢 Office: 5th Floor, Park Centrale Building, IT Park, Apas, Cebu City, 6000

Let us help you resolve this issue clearly and fairly—so that rightful ownership can finally be established after all these years.

Best,

Atty. Jofre Recososa

Owner, Recososa Law Firm