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deed of donation

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1 deed of donation on Tue Apr 05, 2011 3:27 pm

monique123


Arresto Menor
Gusto ko lang pong itanong kung ano ang dapat gawin may binigay po ang tito namin nalupat at bahay sa pamamagitan ng deed of donation ngunit hindi pa namin natransfer ang title sa pangalan namin ng kapatid ko.ngayun hinahanap po ng pinsan namin ang titulo ng property at sinabing nyang pagagawan daw nya sa kanyang asawang abogado ng affidavit of loss.May karapatan po bang maghabol sa property ang pinsan namin?ang tito namin na donor ay walang pamilya at buhay pa?samga ari arian ng tito namin sino po ba ang maykarapatan mangasiwa since may dalawa pa syang buhay nakapatid?

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2 Re: deed of donation on Fri Apr 08, 2011 2:04 am

che tolentino


Arresto Menor
meron p[o bang binabayaran kapag ang lupa ay nakapasok sa deed pf donation?mahal po ba ang transfer kasi po sinisingil kami ng 8,000 kapag anak,10,000 kapag apo at 15,000 sa pamangkin...bukod pa ho dun ung titulo

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3 Re: deed of donation on Sat Apr 09, 2011 8:40 am

attyLLL


moderator
monique, so the cousin is not the son of the tito? where is the title to the property?


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4 Re: deed of donation on Sat Apr 09, 2011 8:41 am

attyLLL


moderator
che, who is claiming this from you? to get a proper computation, you should go to the BIR and request for a pre-assessment.


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5 Re: deed of donation on Fri Apr 22, 2011 2:26 pm

Gingging


Arresto Menor
Hi! My deceased lolo verbally donated to the church the lot as road lot, (no deed of donation signed) But in the title the owners, are my lolo (deceased) and his 4 children (my mom is 1 of his children). Now, the church is not using the lot anymore, it has many vendors at may nagpakilala na may ari that collects rent everyday. When my mom (representing her siblings, 2 died already, 1 still living but gave my mom the authority to do transactions re this property.) approached the church leaders, they said they won't be needing the lot since they have already purchased a road lot & the vendors are headache to them. And anyway, there's no deed of donation. My mom paid the past & current taxes for this lot so she can collect the rentals or sell the property. But when my mom got the title of the property from the registry of deeds, it's annotated at the back of the title that the property is a "road lot" She consulted the city hall's head of the legal department. She was told, she can fench the property and rent it out coz she has the title and ignore the lot road annotation. But no buyers will buy the lot coz of the road lot annotation. My questions now are
1. how can we void the annotation?
2. Why was it annotated when there was no deed of donation?
3. Can the registry of deeds annotate it without the deed of donation?
Please help us. Thanks!

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6 Re: deed of donation on Sat Apr 23, 2011 9:35 pm

attyLLL


moderator
to find out how the annotation was added, you should inquire at the register of deeds how the annotation was placed. it may be that there was a certification by the city planning office or equivalent office.

if it was a government agency which had it annotated, then have that same agency issue a certification that it is no longer needed as a road lot.


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7 Re: deed of donation on Mon Apr 25, 2011 1:11 am

Gingging


Arresto Menor
Thanks so much for the advise. I'll let my mom do that.

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8 Re: deed of donation on Mon Apr 25, 2011 1:22 am

Gingging


Arresto Menor
Btw, how much will it cost to have a certification to cancel the annotation (more or less)? Do we need a lawyer to sign the request? Or my mom can just sign the request letter? Thanks again. This site is such a big help.

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9 Re: deed of donation on Mon Apr 25, 2011 1:32 am

Gingging


Arresto Menor
Sorry, still have questions:
1. Is the lot still legally my mom & her siblings'property even with the road lot annotation? Can they sell it?
2. Is the city hall's head of the legal department right when he told my mom just to ignore the annotation and do whatever she wants with the property?
3. Was it a good move that my mom paid the past & current taxes?
4. Will it take long to issue a certification that the road lot is no longer needed?

Thanks again.

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10 Re: deed of donation on Mon Apr 25, 2011 10:45 pm

attyLLL


moderator
yes, the property is still theirs. they can sell it. the question is whether a buyer will buy it with the annotation. if someone will, then problem solved.

she can ignore it, but the office of the city building official might not when she needs to apply for a building permit.

taxes were still required to be paid, if not, the property may have been seized.


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11 Re: deed of donation on Sat May 07, 2011 8:14 am

bjt


Arresto Menor
Good day to all,

May tanong po sana.

My unmarried and childless aunt is giving me and my spouse her lot. She has 2 nieces and 3 nephews. Should we go for deed of donation or deed of sale? For both donation and sale, could the property be given to two people? both married or not.

Thank you very much
BJT

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12 Re: deed of donation on Sat May 07, 2011 6:28 pm

attyLLL


moderator
here is my argument. if you make a deed of sale but it is actually a donation, you make yourself vulnerable to a charge of falsification and tax evasion. i recommend you go by the book and do a straight donation because that is what is true. or truly buy it at least for the amount of the tax assessment.


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13 Re: deed of donation on Thu May 12, 2011 9:51 am

nhice004


Arresto Menor
Hi attyLLL, hope I can get your advise on my scenario:

My father bought a land when he was still single and decided to name the land title under my grandfather’s name. Both my grandparents who lived there are now deceased. My father and all his 9 siblings (8 married, 1 single) have already settled their inherited family home (and its lot) but this particular land was not settled.

Since my father bought it, my father and all his 9 siblings (8 in PH, 1 in US) agreed to give the land to me as I plan to renovate the old/broken house for my own family next year. I’ll be processing and paying the donor’s tax for this but do I need to prepare separate donor’s tax return form for each of them?

I understand that there will be no estate/inheritance tax since its worth <1M and there’s a standard 1M deduction. Do we still need to file estate tax return to BIR?

What type of document we need to process so we can transfer the land title from my deceased grandfather’s name directly to my name?

I'd like to settle this while all of the siblings are still alive to sign.

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14 Re: deed of donation on Thu May 12, 2011 4:23 pm

attyLLL


moderator
estate return still has to be filed because property is in name of decedent.

you will have to execute a settlement with waiver of rights to you to be signed by all the heirs. since it is a donation, individual donor returns are required.


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15 Re: deed of donation on Thu May 12, 2011 5:08 pm

nhice004


Arresto Menor
pati estate tax return individual din ipa-file? or sino ba dapat ang nkalagay sa form na ngfile ng return?

bukod sa deed of extrajudicial settlement with waiver of rights to me, kelangan pa din ba ng deed of donation? kc nakita ko requirement sya ng BIR pg ngfile ng donor's tax return

base s BIR requirements dun iffile sa RDO ng permanent resident ng donor, eh paano ung isa sa sibling nsa USA, dun na siya nkatira, saan iffile ung sa kanya?

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16 Re: deed of donation on Thu May 12, 2011 7:24 pm

attyLLL


moderator
estate tax is just for the one dead person. the donation can be included in the settlement.

one thing you can consider is to purchase the property from them for the value of at least the assessed value to get away from this problem of the donation. it will be settlement with sale.


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17 Re: deed of donation on Sat May 14, 2011 3:32 am

che tolentino


Arresto Menor
che tolentino wrote:meron p[o bang binabayaran kapag ang lupa ay nakapasok sa deed pf donation?mahal po ba ang transfer kasi po sinisingil kami ng 8,000 kapag anak,10,000 kapag apo at 15,000 sa pamangkin...bukod pa ho dun ung titulo


yun pong nagsusukat ng lupa na kinausap ng mga tito ko...at saka sinukat na nila ang lupa kahit nasa letter EP pa po yung titulo..nakipag sarado na po sila ng package..tapos po sabi ko paano po kung gusto ko nang mag pa titulo sabi po ng tita ko sa akin na kapag pinilit ko daw ang gusto ko na matituluhan yung lupa mawawala daw ho sa package tapos lalaki ang babayaran ng iba ko pang tito at tita pag sila na ang magpapatitulo madodoble daw po.kasi po yung lupa ho ng lolo ko eh nasa siyam ang mabibigyan.

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18 Re: deed of donation on Mon May 16, 2011 9:23 am

che tolentino


Arresto Menor
yun pong nagsusukat ng lupa na kinausap ng mga tito ko...at saka sinukat na nila ang lupa kahit nasa letter EP pa po yung titulo..nakipag sarado na po sila ng package..tapos po sabi ko paano po kung gusto ko nang mag pa titulo sabi po ng tita ko sa akin na kapag pinilit ko daw ang gusto ko na matituluhan yung lupa mawawala daw ho sa package tapos lalaki ang babayaran ng iba ko pang tito at tita pag sila na ang magpapatitulo madodoble daw po.kasi po yung lupa ho ng lolo ko eh nasa siyam ang mabibigyan.

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19 Re: deed of donation on Fri Jun 17, 2011 12:26 am

may tanong po ako tongkong po sa deed of donation,,

ang baranggay namin po ay dinonit ng may ari sa amin ngunit ngayon kinokoha po ng apo nya kasi daw po sa kanya naka titolo ang lupa, naidonit po daw ng lula nga dahil siyay 1year old pa, naka saad po daw doon sa deed of donation na naona ang pag gawa ng titolo bago ang deed of donation. ano po ang dapat namin gawin na taga barangay para hindi nya makoha ang mga lupa namin...

salamat po

benjie

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20 Re: deed of donation on Fri Jul 15, 2011 6:02 pm

rmhats


Arresto Menor
Hi Atty,

Please help me with my friend's delima....

Randolph, Rosely and Samson Jr.are sons/daughter of Samson Sr. outside marriage since he was already been married legally w/4 children.

Now their Lola, mother of Samson Sr, made a Deed of Donation for 3 properties in favor to Randolph, Rosely and Samson Jr. with Virgilia their mother as administrator/guardian since they are 6, 5, and 2 years of age.

Its been decades already since the it was made and they have the original Deed of Donation.

Their Lola is dead and so their father. They want to made the document legal by processing for Land Title but the legal children keeps on bothering them that their Lola had no rights to transfer it claiming it was their Lolo's property.

The tenant of the land continuously give them(Randolph,Rosely and Samson Jr.) the proceeds of the harvest.


Can they possibly do the processing of the Land Tile even if it is the only document on hand and what should they do first. Thank you

The title is with the legal family and sister of Samson Matol Sr. since this is a 3 parcels of property. pls help.

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21 Re: deed of donation on Sun Jun 30, 2013 11:10 pm

rhandz


Arresto Menor
sir,may tanong lang po ako sa deed of donation.yung tyahin ko po may lupa na binenta sa kin sabi nya parang donation na din daw kasi mura lang.deed of donation po ang pagagawa nya at pwede po ba ipangalan sa kin yung lupa kahit wala ako sa pilipinas?sa presyo po ba na binayaran ko ibabase ang donor's tax? .... maraming salamat po

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22 Re: deed of donation on Fri Mar 06, 2015 10:22 am

genel


Arresto Menor
Good morning i hope someone can give me some knowledge regarding deed of donation,

We own a piece of a home lot since my father and my mother separated  13 years ago, my father decided to give half of the lot to me and my sister he told me that he will make a deed of donation under my name and my sister's name.

I just want to know if we can convert a deed of donation to a land title?

Salamat Very Happy

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23 Re: deed of donation Today at 9:45 pm

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