Sunday, February 20, 2011

Minors as parties to an instrument of conveyance

The father, or in his absence the mother, is automatically the legal administrator of the property of the minor child. But the father or the mother, as the case may be, cannot sell said property (even is the value be less than P2,000.00), without the approval of a court of competent jurisdiction. (LRC Consulta Nos. 105, 158, 189)

The Register of Deeds should not register any instrument by which  the property of a child under parental authority is sold, alienated, assigned, encumbered or otherwise disposed of by the administrator of the child’s property irrespective of the value thereof, unless such transaction is duly authorized by the Court of competent jurisdiction. Nor should the Register of Deeds register a deed of sale in favor of a minor, who is represented by his father, or mother, as legal administrator, or by a a judicial guardian, unless the investment so made of the ward’s money has been duly approved by the proper Cout, (LRC Consulta No 189)

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