Here’s a practitioner-grade legal article on Invalidity of Land Sale Signed by Deceased Owners (Philippines)—comprehensive but still general information (not legal advice).

Executive takeaways

A sale “by” a deceased person is void as to the deceased’s share. A dead person cannot give consent; any signature after death or an SPA used after the principal’s death is a legal nullity.
A deed antedated to make it appear the owner was alive is a forgery/falsification; it conveys no title and exposes perpetrators to criminal liability.
After death, only the estate (through an executor/administrator with court authority) or the heirs (after a lawful settlement/partition) can validly convey title—subject to rules below.
Torrens registration does not breathe life into a void sale. A title derived from a forged/void deed is void; remedies include annulment/reconveyance and cancellation of title, subject to protection rules for innocent purchasers for value (IPFVs) and equitable defenses (e.g., laches).
Heirs before partition may sell only their ideal/undivided share, not a specific parcel, and certainly not the share of the deceased absent proper authority.

Why a deed signed by the deceased is void

1) Consent is indispensable

A sale is a consensual contract. If the supposed seller is already dead at the time of execution, there is no capacity and no consent—hence void (not merely voidable).

2) Agency ends at death

Any Special Power of Attorney (SPA) granted by the owner terminates upon the principal’s death (and generally upon the agent’s death/incapacity). Acts done after death under the same SPA are void unless it is an agency coupled with an interest (narrow, exceptional; usually inapplicable to ordinary land sales).

3) Notarial defects don’t save the deed

A notarization that purports to acknowledge a deceased affiant is juridically impossible and evidences falsification. The public character of a notarized document yields to clear and convincing proof of falsity (e.g., PSA death certificate showing prior death).

Who may sell the land after the owner’s death

A) The estate, through a court-appointed representative

If there is a Will: the executor named therein (once appointed by the court).
If intestate (no Will): a court-appointed administrator.
Sale of real property by executor/administrator typically requires prior court approval (to pay debts, expenses, preserve or benefit the estate). Without authority, the conveyance is void or ineffective against the estate.

B) The heirs, after a lawful settlement/partition

Extrajudicial settlement (Rule 74): permitted if no will, no debts (or all debts paid/assumed), and all heirs of legal age (or represented). Usually accompanied by publication and BIR estate tax clearance.
After settlement, heirs can convey their allotted property (or their pro-indiviso shares if partition is not yet completed).
Before partition, an heir may sell only his/her ideal share, not a specific lot, and not the shares of co-heirs.

Caveat: If even one heir’s consent is missing (or a compulsory heir was concealed), the settlement and downstream sale may be void/voidable as to that heir’s share.

Typical problematic scenarios & legal effects

Deed dated after owner’s death; signature is genuine but pre-death?
- If the owner really signed before death and the deed is valid in substance, the sale may be valid even if delivery/registration occurred after death. The factual date of consent controls. (Burden of proof on the party asserting validity.)
Deed signed “by” the deceased post-mortem (forgery) or notarized as if alive
- Void. A forged deed transfers no title. Notarial participation may entail criminal (falsification) and administrative liability.
Agent uses an SPA after owner’s death
- Void acts post-death (unless “agency coupled with an interest,” rarely applicable). Subsequent titles are derivative nullities.
Only one spouse signed for conjugal/community land, and the other spouse died before ratification
- Disposition of conjugal/community property without the other spouse’s consent is generally void (or void as to the non-consenting spouse’s share). Death complicates; treat as invalid absent curative ratification/authority.
Heir sells the entire property before partition
- Valid only as to his/her undivided share; ineffective as to co-heirs’ shares. Buyer becomes a co-owner to the extent of that selling heir’s hereditary right.
Torrens title already issued to buyer under the void deed
- Registration does not validate a void transfer. The true owner/heirs may sue for annulment of title/reconveyance. Protection of IPFV may arise only for subsequent good-faith buyers who relied on a clean, regular title—fact-sensitive and not absolute.

Remedies for heirs/estate (civil side)

1) Annulment/Declaration of Nullity of Deed and Cancellation of TCT/OCT

File in the RTC (land registration/judicial titling branch where appropriate). Attach death certificate, comparative signatures, notarial roll extracts, and forensic or documentary proof of falsity.

2) Reconveyance (with or without damages)

Pray that title be reconveyed to the estate/heirs; or that the buyer hold as trustee for the true owner.
If land has passed to a subsequent IPFV, the usual remedy shifts to damages (including possible recourse to the Assurance Fund), depending on facts.

3) Annotation measures to preserve rights while the case is pending

Adverse Claim (land registration law): puts third parties on notice of a contrary claim.
Notice of Lis Pendens: alerts that the property is under litigation, binding on subsequent registrants.

4) Estate proceedings (if none yet)

Open testate/intestate proceedings to appoint a representative and centralize claims/transfers, especially if multiple parcels/transactions are involved.

Criminal and administrative angles

Falsification of public documents (e.g., notarized deeds, notarized SPAs) and use of falsified documents expose the signer/notary/abettors to criminal liability.
Estafa may attach when deceit and damage (e.g., taking the price under false authority) are present.
Notarial misconduct can result in revocation of commission, administrative penalties, and evidentiary devaluation of the instrument.

The Torrens-title wrinkle: good-faith buyer protection (what it is—and isn’t)

General rule: A forged deed conveys no title; a transferee in bad faith acquires none.
Qualified protection: A subsequent buyer in good faith who relies on a regular certificate of title may be protected by the Torrens system—but protection is not automatic where red flags were present (e.g., seller signing for a dead owner, obvious age mismatch, missing estate documents, chain-of-title gaps).
Practical take: If the first transfer is patently void (signed by the dead, SPA post-death, obvious forgery), courts are far less sympathetic to “good faith” claims. Early annotation (adverse claim/lis pendens) strengthens the heirs’ hand.

Prescriptive periods and equitable defenses

Action to declare a void deed/title: generally treated as imprescriptible; however, laches (unreasonable delay) can bar relief in equity.
Reconveyance based on fraud: traditionally 4 years from discovery, but not when the deed is void for absolute lack of consent—nuanced and fact-sensitive. When in doubt, file early and annotate promptly.

Tax & transfer compliance context (why bogus sales stand out)

Estate tax must be settled before titles pass from the decedent to heirs/buyers. A sale bypassing estate settlement is a red flag at the BIR and Registry of Deeds.
Lawful pathways: (1) Settle estate → titles to heirs → heirs sell; or (2) Estate representative (with court authority) sells directly to buyer; either way, BIR eCAR tracks legitimacy.

Buyer due-diligence checklist (to avoid buying from the dead)

Obtain PSA death certificate of the registered owner (to check dates).
If owner is deceased: require estate documents—letters testamentary/administration and court authority to sell, or extrajudicial settlement (Rule 74) + BIR estate tax eCAR.
For sales via SPA: confirm principal was alive on execution; verify notarial register; ensure SPA remains in force (no death/revocation).
Match signatory to current title owner (or estate representative); spousal/co-owner consents as applicable.
Review chain of title and encumbrances; require Certified True Copies (CTCs).
Insist on bank-routed payments/escrow to the estate/heirs per valid authority.

Litigation playbook for heirs/estate

Evidence build: PSA death cert, titles, deed copies, notarial logbook extracts, specimen signatures, SPA (if any), and BIR/LGU transfer papers.
Provisional relief: Adverse claim/lis pendens; injunction to stop further transfers.
Main case: Declaration of Nullity of Deed/Title, Reconveyance, Cancellation of TCT, Damages.
Criminal/administrative: file falsification/estafa complaints; report notarial irregularities.
Parallel estate case (if needed): appoint representative; seek leave of court for estate actions.
Enforcement: upon judgment, process cancellation and re-issuance of correct titles.

Special fact patterns

“Sale” dated near death; hospital-bed execution: scrutinize capacity, voluntariness, and formalities; if capacity lacking, treat as void.
Multiple parcels; some signed pre-death, others post-death: severable—validate those truly consented to; void the rest.
Buyer mortgaged the land: if base title is void, the mortgage is likewise vulnerable; mortgagee’s good faith assessment becomes critical.
Double sale (Art. 1544): a forged/void first sale is no sale at all; priority rules don’t help the forger’s buyer.

Clean pathways to sell estate land (what to do instead)

Extrajudicial settlement (if eligible) → BIR estate eCAR → transfer to heirs → sale by heirs.
Judicial estate: executor/administrator seeks leave of court to sell specific property (Rule-based motion; hearing; court order) → sale → BIR/Registry processing.

FAQs

Q1: The deed is notarized—doesn’t that prove validity? Not if the seller was dead or never appeared. Notarization’s presumption yields to clear evidence of impossibility or falsity.

Q2: Can long inaction cure a void sale? No. A void contract is inexistent from the beginning. Still, laches can bar relief in equity; don’t delay.

Q3: One heir signed “for the family.” Valid? Only for his/her share unless backed by SPAs from all co-heirs or court authority.

Q4: The SPA says “irrevocable.” Can the agent still sell after death? Generally no. “Irrevocable” doesn’t survive death unless it’s a true agency coupled with an interest (rare).

Q5: Title already issued to a subsequent buyer who claims good faith—are we helpless? Not necessarily. Good faith is a fact question. If red flags existed or chain documents were dubious, courts often grant reconveyance/cancellation.

Bottom line

A deed signed by a deceased owner (or via an SPA after death) is void and conveys no title. Valid post-death conveyances must pass through the estate (with court authority) or through heirs after a lawful settlement. If a void deed slipped through and a title issued, Torrens registration does not sanitize the defect; heirs/estates can pursue annulment, reconveyance, and cancellation, while perpetrators face criminal and notarial sanctions. The safest course—for sellers and buyers alike—is to route any sale through proper estate procedures and to maintain disciplined due diligence on authority and capacity.

If you want, tell me your timeline (date of death vs. deed), who signed, and current title status. I can draft a targeted action plan (adverse claim + complaint outline + estate step) tailored to your facts.