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Transfer of Land Title from my living mother to my name

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alacsa


Arresto Menor
Good morning po.

Ano po ang pinakamagandang paraan sa situation ko?

inutusan po kasi ako ng mother ko na ilipat na sa pangalan ko yung title habang buhay pa sya.

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attyLLL


moderator
i presume you are not paying for the property. do you have siblings? is your father still alive?

i recommend a donation or donation mortis causa. she will have to execute a deed of donation and pay the necessary taxes.


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alacsa


Arresto Menor
yes sir. i won't be paying for it.

yes, my father is still alive. but will it matter? reason i asked is because they separated 15 years ago and i don't have an idea how to find him.

i have a half sister who is a japanese citizen (born, raised and living in japan). i am also married.

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attyLLL


moderator
again, i suggest a donation. if your father or half sister want to contest it, then they will have to file a case to do so.

if your parents are married, it may be your father is legally the owner of half the property. your sister is also entitled to inherit from your mother, and if there is no other property she can contest the donation.


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alacsa


Arresto Menor
ahh. thank you sir for the suggestion.

now, how do i start with the donation process?

does the forum have steps here on how to do it?

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attyLLL


moderator
you can look up samples of deeds of donation on the net or you can retain a lawyer to assist you.


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alex1120


Arresto Menor
atty!!!

sa akin nman po nagdown n po ako sa lupang dapat bibilin ko worth 600k plus po ung amount ngdown po ako ng 270k, since me certain deadline po ung pagbabayad kc taga states po ung me ari uuwi lang sya para kunin ung pera pinaluwalan muna nung ahente ung remaining habang d p dumadating ung perang hinihintay namin, ngaun po ngdecide kaming umatras, ang naging solusyon n lang po eh ibenta n lang s iba ung lupa para mabawi ung dinown ko, luckily me bumili nman po, ang problema ang sabi nung ahente kailangan daw naming mgbaya ng penalty wich is 25k kac sa paglilipat dw po ng pangalan un dw pong penalty n un eh s bir dw ata ang malala p every 13 days dw po ung 25k n un eh wala p nman po kaming napipirmahang [palel kahit isa, me existing penalties po b talagang ganon, kc ang pakiramdam po namin at palagay eh tinutubuan lang nya po ung pinahiram nyang pera, ang masama p ni2 kamaganak nmin ung ahente ngaun po 50k n dw po ung babayadan naming penalty paadvice nman po

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attyLLL


moderator
penalty to the bir? i recommend you go to the bir and inquire why you were supposedly assessed this penalty. only then can you learn whether it's true.


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alex1120


Arresto Menor
possible po bang maipasok nila yung papers sa BIR kahit wla pa nman po akong pinirmahan na Deed of Sale?

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attyLLL


moderator
bir will require a notarized deed of sale.


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ang lola ng friend ko ay nagdonate ng lupa na supposedly share ng anak nya dahil yung anak nya ay gustong idonate na lang yung share nya. Now that the son is dead and also the mother, may karapatan bang iclaim uli ng apo ang lupa na dinonate dahil ang sabe nya hindi naman nagagamit ang lupa sa real purpose of why the lot has been transferred.

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attyLLL


moderator
a donation can be revoked if there is a clear condition on the deed of donation and it was not fulilled.


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leyarnalota02


Arresto Menor
Pwede po bang i-donate ang lupa sa limang tao? Kasi po yung lola ko binigay po saming yung lupang tinitirikan ng bahay namin. Lima kaming maghahati sa lupa. Maari po bang ilagay sa Deed of Donation yung limang makikinabang? Ang kung sakali pong pwede, paano po namin paghahatian yung lupa at magkakaroon ng kanya kanyang titulo.

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attyLLL


moderator
is this the only property of your lola? it may be considered an inofficious donation if the five do not represent all her legal heirs which are just her children.

a donation to 5 persons is possible. once transferred, they can file a deed of partition to get individual titles.


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leyarnalota02


Arresto Menor
Can I personally process the deed of partition because we (5 donee) want to save money on the partition.

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attyLLL


moderator
of course. go to the register of deeds and bir to inquire about the process and what documents you require.


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jjverz


Arresto Menor
Hi, my father signed a deed of donation few years ago but the land title is not yet in my name. Is it ok?... I am planning to visit my cousin in australia, can I use it as my property to assure the embassy for my return in the philippines?

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baby88


Arresto Menor
My mother is 87 years old and has a land property under her name. She would like to have the land title transferred to her 5 children but she is too old and weak to do the transactions under a deed of donation. I understand she needs a special power of attorney to allow her children to do the transactions for her. These are my questions:

1. Can the grantor assign more than one agent under the SPA?
2. What are the steps in filing a deed of donation and how much shall it cost?
3. Does my mother have to file a deed of donation first before her children can file a deed of partition to get individual titles? Or can my mother go directly to file a deed of partition for her 5 children?
4. What are the steps for a deed of partition, how long and how much would it cost?

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guardiano


Arresto Menor
how long ang duration kapag na notorized na ng lawyer ang mga papers at hindi agad na e file sa bir? may penalty po ba ito? bumili kc ako ng bahay medyo na short po yong pambayad para sa pagtransfer ng title sa name ko,

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attyLLL


moderator
you have until the first 5 days of the following month to pay doc stam tax. yes there is a penalty


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