transfer of land title to a minor
8 Re: transfer of land title to a minor on Mon Nov 19, 2012 12:55 pm
Donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it. Why would one person when at his instance or at his own will donates his property and thereafter would revoke it? The donee is protected especially in your case.
Only the following grounds can revocation be allowed.
Art. 760. Every donation inter vivos, made by a person having no children or descendants, legitimate or legitimated by subsequent marriage, or illegitimate, may be revoked or reduced as provided in the next article, by the happening of any of these events:
(1) If the donor, after the donation, should have legitimate or legitimated or illegitimate children, even though they be posthumous;
(2) If the child of the donor, whom the latter believed to be dead when he made the donation, should turn out to be living;
(3) If the donor subsequently adopt a minor child.
Also Article 765 provides further that:
Art. 765. The donation may also be revoked at the instance of the donor, by reason of ingratitude in the following cases:
(1) If the donee should commit some offense against the person, the honor or the property of the donor, or of his wife or children under his parental authority;
(2) If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or the act has been committed against the donee himself, his wife or children under his authority;
(3) If he unduly refuses him support when the donee is legally or morally bound to give support to the donor. (648a)
And donation cannot be invoked immediately there is a prescription or prohibition under Article 769 in this wise in relation to Article 760.
Art. 769. The action granted to the donor by reason of ingratitude cannot be renounced in advance. This action prescribes within one year, to be counted from the time the donor had knowledge of the fact and it was possible for him to bring the action.
Further, The action for revocation cannot be transmitted to the heirs of the donor as it is personal to him which is provided under Article 770.
Art. 770. This action shall not be transmitted to the heirs of the donor, if the latter did not institute the same, although he could have done so, and even if he should die before the expiration of one year.
9 Re: transfer of land title to a minor on Mon Nov 19, 2012 12:58 pm
10 Re: transfer of land title to a minor on Fri Nov 23, 2012 12:22 am
11 Re: transfer of land title to a minor on Sun Dec 16, 2012 9:23 am
the property registered in the name of the minor can be transferred. in short, the minor can be a transferee also. however, you have to file a petition with the courts in order that the sale of the said property may be valid. so hingi muna ng court order bago kau mag deed of sale. me court order iyan bago malipat iyan ng register of deeds.
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