Dear PAO,
I would like to make a query on how my parents can transfer to me their
properties while they are still living. I want to know the process on
how this can be done. What are the documents that need to be prepared?
Thank you.
BRG
Dear BRG,
Article 712 of the New Civil Code (NCC) provides for the mode of acquisition of properties, thus we quote as follows:
“Art. 712. Ownership is acquired by occupation and by intellectual creation.
Ownership and other real rights over property are acquired and
transmitted by law, by donation, by estate and intestate succession, and
in consequence of certain contracts, by tradition.
They may also be acquired by means of prescription.”
Assuming that you are the only child of your parents and you are
their only compulsory heir, there are several means wherein they can
transfer title to their properties in your name while they are still
living. They may opt to execute a Deed of Sale or a Deed of Donation in
your favor. They can also make a will and have it probated while they
are still living and have their properties partitioned in accordance
with what they wish.
Should they desire, they can execute a Deed of Donation in your
favor. Under the law, donation is an act of liberality whereby a person
disposes gratuitously of a thing or right in favor of another, who
accepts it (Article 725, NCC). In donation, the transfer of the property
by the donor to the donee is gratuitous and the consideration is the
donor’s graciousness, love and affection to the donee or the recipient.
There is no monetary consideration for the transfer of the property in
donation except for the love and affection of the donor to the donee. It
is important however that the requisites for a valid donation be
complied with. Article 749 of the New Civil Code provides for the
requisites for a valid donation, thus:
“Art. 749. In order that the donation of an immovable may be valid,
it must be made in a public document, specifying therein the property
donated and the value of the charges which the donee must satisfy.
The acceptance may be made in the same deed of donation or in a
separate public document, but it shall not take effect unless it is done
during the lifetime of the donor.
If the acceptance is made in a separate instrument, the donor shall be
notified thereof in an authentic form, and this step shall be noted in
both instruments.”
If the Deed of Donation provides that the same will take effect
during the lifetime of your parents then the title to the property which
has been donated to you may be transferred in your name after the
appropriate donor’s and transfer taxes have been paid. Aside from the
execution of a valid Deed of Donation, the law requires the payment of
taxes by the parties to a donation. After the payment of the required
taxes, you may go to the Office of the Register of Deeds where the
property subject matter of the Deed of Donation is and have the said
deed registered and inscribed at the back of the title involving the
said property. The registration of the Deed of Donation with the
Register of Deeds is very important in order to bind third parties who
are not parties to the Deed of Donation. The inscription at the back of
the title to the property of the said Deed of Donation is a notice to
other parties not involved in the said deed of the transfer of the
property to you by your parents through an instrument called Deed of
Donation. After the registration and inscription, you may take the
appropriate steps so that the title to the said properties be
transferred in your name.
We hope that we were able to address your query. We wish to remind
you however that our opinion is based on the facts that you stated. Our
opinion may vary if other facts are added or elaborated.
Editor’s note: Dear PAO is a daily column of the Public
Attorney’s Office. Questions for Chief Acosta may be sent to
dearpao@manilatimes.net
source: Manila Times
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