August 27, 2015 PACTO DE RETRO SALE In a sale with pacto de retro, the title and ownership of a certain property immediately vests upon the vendee a retro, subject to the vendor a retros right to repurchase the said property.1 WHO MAY APPLY In a pacto de retro sale of land, the legal title vests upon the vendee a retro immediately after the sale. Thus, the vendee a retro may apply for the registration of the said land under his name with annotations that the land has been garnered through a pacto de retro sale. The vendors right to repurchase now becomes a resolutory condition. In the absence of repurchase, the absolute title and ownership of the land vests upon the vendee a retro by operation of law.2 The vendor may also apply for the original registration of the land, provided, however, that should the period for redemption expire during the pendency of the registration proceedings and ownership to the property consolidated in the vendee a retro, the latter shall be substituted for the applicant and may continue the proceedings.3 1 OSWALDO D. AGCAOILI, PROPERTY REGISTRATION DECREE AND RELATED LAWS 62 (3rd ed. 2015). 2 Cadungog v. Yap, G.R. No. 161223, September 12, 2005 3 Amending and Codifying the Laws Relative to Registration of Property and for Other Purposes [Property Registration Decree], Presidential Decree No.1529, 14 (1978).
A Simple Guide for Drafting of Conveyances in India : Forms of Conveyances and Instruments executed in the Indian sub-continent along with Notes and Tips