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Q. |
A was granted a homestead patent on April 3, 2009. On April 29, 2011, she sold it to C. Is the sale valid? |
A. | Yes, because the right to sell is inherent in the right of ownership; |
B. | No, the sale is void as the law prohibits the sale within 5 years from the issuance of the patent; (Heirs of Bajenting v. Bañez, September 20, 2006) |
C. | Yes, anyway, she can repurchase it; |
D. | Yes, because there is no prohibition at the back of the title. |
Answer» B. No, the sale is void as the law prohibits the sale within 5 years from the issuance of the patent; (Heirs of Bajenting v. Bañez, September 20, 2006) |
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