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Deed of donation question

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26 Re: Deed of donation question on Fri Feb 13, 2015 8:50 am

taxconsultantdavao


Reclusion Perpetua


may i point out na hindi po national publication ang needed sa extrajudicial settlement. hindi puwede sa inquire ka magpublish or manila bulletin or phil star.

tsaka, wala sa bir rules and regulations ang pag require ng publication ng extrajudicial settlement. ang nagrequire niyan is ang register of deeds. regarding sa bir revenue regulation na nag require na dapat mag presenta ang taxpayer ng copy ng newspaper na napublish na. bawal yan. kasi dati ako taga bir. and i have never encountered na me revenue regulation na ganyan na ipapublish dapat ang extrajudicial bago iprocess ng bir ang certificate authorizing registration (CAR) ng taxpayer.

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27 Re: Deed of donation question on Wed Feb 18, 2015 4:30 pm

Ladie


Prision Mayor
I think the property is conjugal so that 1/2 share of it as ur father's share must be liquidated per tx reform act and it belongs to ur heirs plus ur mom as surviving wife equally divided among u and d other half is ur mom share of d property. I think only think only ur mom share from ur father and her share of half of d whole property that he can donate (this my opinion and experience and am not a lawyer)

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28 Re: Deed of donation question on Sat Feb 21, 2015 1:47 am

Ladie


Prision Mayor
The publication of an Extra Judicial Settlement is required/mandated by Rules 73 and 74 of the New Rules of Court. Taxconsultantdavao is right, it is not the BIR who requires the publication. In fact in our EJS on our deceased parents, we paid the Estate Tax while the EJS was on its publication for 3 consecutive weeks (1 day in a week) and the purpose is for creditors and/or other heirs to claim, if any. That is the purpose of the publication. I AM SHARING MY THOUGHT BASED ON MY EXPERIENCE AND KNOWLEDGE OF THE PERTINENT RULES. I AM NOT A LAWYER!

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29 Re: Deed of donation question on Sat Apr 22, 2017 8:31 am

ACALMADEN


Arresto Menor
Hi Atty,

Recently my father and I executed a deed of donation to a property he owned before he got married way back 1978. My mother died last 2008. From what I read from different sites. The time my mother is living they have conjugal ownership of what they owned both. if in case the marriage ends like one of them died. Whats their property will return to them. In this case the ownership of the land my father acquired before getting married will be his and my mothers will be distributed among us in writing. But my question is if my father donates his property to me. is it ok since he owns it before he got married and since my mom died. Thanks for your reply.

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