pag tranfer ng litulo kung patay na ang tatay buhay ang nanay

Im writing on behalf of my father.

May lote na pag mamayari ng Lolo at lola ko. Nagiisang anak na lalaki lang ang papa ko at may apat syang mga kapatid na babae.

And lote na yun ay 2 o 3 beses na isinanla ng lola ko at kamuntik na mailit, dahil si papa lang ang lalaki sya ang laging tumutubos. napatayuan na din ng bahay ng papa ko ang kabuuan ng lote. mahigit 10 taon na din na ang papa ko ang nagbabayad ng amilyar ng lupa at bahay.

Nakamatayan na ng lolo ko noong 2000 ang pag pana or pag transfer ng tiuli sa aking papa.

Ngaun inaasikaso na nila na mailipat na ang lote sa pangalan ng papa ko, sa research po namin ang pinakamainam na gawin ay through donation para mababa ang tax na bayaran dahil wla namn kami pera.

Pumayag na ang lola ko na ibigay sa aking papa ang lote, at yun din naman ang pangako ng lolo ko na sa papa ko na ang lote hanggang kamatayan nya na.

may habol ba ang mga kapatid ng papa ko if ever?

paano po ang pinaka mainam na gawin para mas mura at legal na way pra matransfer na po sa pangalan ng papa ko ang lote.

Maraming salamat po.

God Bless. nawa ay matulungan nyo po kami.

Yes, your father's sisters have legal right over the subject property since like your father, they are also the compulsory heirs of your grandfather.

I would assume that your grandfather did not leave any Last Will and Testament. Hence, computation of legitimes shall be as follows:

Lets assume that your grandfather's estate comprise only of the house and lot. For purposes of giving you a more clear idea, lets value the house and lot at 2M.



From the 2M, half of this belongs to your grandmother assuming that the property is conjugal. Hence-

Net Estate of your grandfather: 1M

Compulsory Heirs:                   Legitime:
Your Grandmother     1/2 (since there are 2 or more
                               children)
Your Father                               1/2
Your Aunt 1                               1/2
Your Aunt 2                               1/2
Your Aunt 3                               1/2
Your Aunt 4                               1/2

Thus:
G    -   200,000.00
F    -    200,000.00
A1  -    200,000.00
A2  -    200,000.00
A3  -    200,000.00
A4  -    200,000.00
Total - P1,000,000.00

No free disposal portion.

What is legitime? This is the inheritance reserved by law for the compulsory heirs. Article 886 of the Civil Code defines a legitime as “that part of the testator’s property which he cannot dispose of because the law has reserved it for certain heirs who are, therefore, called compulsory heirs.”

What is 'free disposal portion'? This is the portion which can be freely disposed of by the deceased. This is the excess portion of the estate of the deceased which remains after delivering the legitimes of the compulsory heirs.

Continuation...

Now, since the subject property is under your grandparents name, it is presumed that both are the owners thereof.

Hence, as said earlier, your aunts have legal right over the same.

Before partition, your grandfather's estate should first be settled. There are two kinds of settlement of estate:

1. Extra-judicial
2. Judicial

Settlement of estate need not undergo judicial proceedings all the time. Rule 74 section 1 of the Rules of Court allows the extra-judicial settlement of estate (EJSE) by agreement among heirs. However, EJSE cannot be resorted everytime. There are conditions which must be satisfied such as:

1. The decedent left no will
2. The decedent has no debts or his debts have been fully paid
3. The heirs are all of legal age or the minors are duly represented by their judicial or legal guardian
4. A public instrument is duly executed by heirs and filed with the Register of Deeds

EJSE is often Recommended to expedite The transfer of properties of the decedent to his heirs. This is in view of the fact that judicial settlement of estate (JSE) takes years before the case is concluded. Furthermore, this is more adversarial and is resorted to when heirs disagree on properties to be partitioned and the corresponding shares of the respective heirs.

Please take note that no partition of the estate of the decedent shall be allowed unless his estate is settled first.

You cannot do the donation, at least for the half part of the property since as i have discussed in the earlier post, your grandparents are co-owners of the said property hence only your grandmother can donate her right over the subject property to your father. The other half which pertains to your grandfather's estate should first be settled before it can be partitioned otherwise any partition without first settling the estate either extra-judicially or judicially is void.

Now, here's what you can do:

Since your grandmother is still alive and you know how elders are respected in our culture, ask your lola to talk to your aunts regarding the circumstances surrounding the property and convince them to execute a deed of extra-judicial settlement of the estate of your lolo. You may not need a lawyer for this one, just research the format on the net. What you will need, however, is the services of a notary public in order to notarize the document transforming it into a public one.

Note, however, that you still have to pay for the estate tax which will be due, for your info, within 6 months from the death of your lolo. This period may be extended by the BIR, in meritorious cases, Not exceeding 30 days.

Here's another reason why donation is not the right decision. Upon death, decedent's rights, property and obligation are transmitted to his heirs by operation of law.

Now, if you will recall my example on how to compute the legitimes, should the estate be insufficient to cover the legitimes of the compulsory heirs, all donations given shall be collated. And in you father's case, it will be deducted from his legitimes.

Continuation...

Your father however can demand payment for the money he spent for the payment of the mortgage. He should however have proof of those payments.

If the house was built by your father using his own funds, he can actually register the house in his name. But only the house and not the lot since it is registered and owned by your grandparents this of course is assuming that their title covers only the lot and that no improvement was erected as per the technical description of the property.

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Disclaimer: The legal advice provided herein is only the legal opinion of the author and cannot substitute for the advice of a licensed legal practitioner. The author cannot take any responsibility for the results or consequences of any attempt to use or adopt any of the information or disinformation presented on this website.

Nothing in the author's legal opinion should be construed as an attempt to engage in the practice of law.