Now, since the subject property is under your grandparents name, it is presumed that both are the owners thereof.
Hence, as said earlier, your aunts have legal right over the same.
Before partition, your grandfather's estate should first be settled. There are two kinds of settlement of estate:
Settlement of estate need not undergo judicial proceedings all the time. Rule 74 section 1 of the Rules of Court allows the extra-judicial settlement of estate (EJSE) by agreement among heirs. However, EJSE cannot be resorted everytime. There are conditions which must be satisfied such as:
1. The decedent left no will
2. The decedent has no debts or his debts have been fully paid
3. The heirs are all of legal age or the minors are duly represented by their judicial or legal guardian
4. A public instrument is duly executed by heirs and filed with the Register of Deeds
EJSE is often Recommended to expedite The transfer of properties of the decedent to his heirs. This is in view of the fact that judicial settlement of estate (JSE) takes years before the case is concluded. Furthermore, this is more adversarial and is resorted to when heirs disagree on properties to be partitioned and the corresponding shares of the respective heirs.
Please take note that no partition of the estate of the decedent shall be allowed unless his estate is settled first.
You cannot do the donation, at least for the half part of the property since as i have discussed in the earlier post, your grandparents are co-owners of the said property hence only your grandmother can donate her right over the subject property to your father. The other half which pertains to your grandfather's estate should first be settled before it can be partitioned otherwise any partition without first settling the estate either extra-judicially or judicially is void.
Now, here's what you can do:
Since your grandmother is still alive and you know how elders are respected in our culture, ask your lola to talk to your aunts regarding the circumstances surrounding the property and convince them to execute a deed of extra-judicial settlement of the estate of your lolo. You may not need a lawyer for this one, just research the format on the net. What you will need, however, is the services of a notary public in order to notarize the document transforming it into a public one.
Note, however, that you still have to pay for the estate tax which will be due, for your info, within 6 months from the death of your lolo. This period may be extended by the BIR, in meritorious cases, Not exceeding 30 days.
Here's another reason why donation is not the right decision. Upon death, decedent's rights, property and obligation are transmitted to his heirs by operation of law.
Now, if you will recall my example on how to compute the legitimes, should the estate be insufficient to cover the legitimes of the compulsory heirs, all donations given shall be collated. And in you father's case, it will be deducted from his legitimes.