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deed of absolute sale or deed of donation?

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1 deed of absolute sale or deed of donation? on Mon May 30, 2011 4:48 pm

kydumlao


Arresto Menor
hi atty. i would just like to know what would be the best way that we can do to transfer the title to my husband name? the house and lot was purchased by my husband aunt's husband through GSIS housing somewhere in Quezon City. After several years, his aunt's husband died. Definitely the property goes to his aunt and their legally adopted child. The title was transferred to their names as the owner and co-owner of the property. now, my husband's aunt is just waiting for her time to leave (death). his cousin, (legally adopted child by her aunt) was also sick. Her aunt has 12 more siblings residing in the province and also interested with her properties in Quezon City and in the province. My husband lives with his aunt and cousin since he was a teenager. until now, he was the one taking care of his aunt and cousin. they are willing and wanted to transfer their properties to my husband's name just to make sure that his aunt's siblings will not take it. currently, my husband was given by his aunt a full special power of attorney to manage her properties and pensions in the bank. what would be the best way to transfer their properties to my husband name? will the siblings of his aunt can also claim the properties? please help. thanks and more power.

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attyLLL


moderator
i suggest you purchase the property even if for a value equal to the assessed value.

what i do not recommend is to make a fake deed of sale where you didn't really pay for it.


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3 Re: deed of absolute sale or deed of donation? on Fri Jun 03, 2011 10:25 am

kydumlao


Arresto Menor
attyLLL wrote:i suggest you purchase the property even if for a value equal to the assessed value.

what i do not recommend is to make a fake deed of sale where you didn't really pay for it.

thanks for the advise atty. what if voluntary naman na gusto talaga ng aunt and her daughter na malipat sa name ng husband ko ung bahay na hindi mahahabol nung mga kapatid. we don't have enough money to buy the property. they are willing to sign an absolute deed of sale kahit walang bayad. greedy kasi sa property ung mga kapatid and they don't want their properties na mapunta sa kanila kaya sa name husband ko na lang nila inililipat lahat. ano po ba ang best na gawin namin? pag deed of donation po ba may habol pa rin ung mga kapatid ng aunt ng husband ko? thanks po.

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4 Re: deed of absolute sale or deed of donation? on Fri Jun 03, 2011 12:53 pm

attyLLL


moderator
if donation, then it can be questioned. if sale, then not, unless it was a fraudulent sale, which what it will be if a donation is disguised as a sale. you would be committing the crime of falsification of public documents, and estafa if anyone was defrauded.

many people do it, but i don't recommend it.


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