DEED OF DONATION

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.