Home » Articles » Legal Advice

Missing deed of donation over house and lot

Missing deed of donation over house and lot
"Our father donated his house and lot to me and my siblings. The title to the house and lot was already issued in our name. However, we found out that our copy of the deed of donation is missing and we strongly believe that our father took it. Can our father legally recover the property from us and have the title transferred in his name without us knowing it?CG Dear CG,Article 725 of the Civil Code defines donation as an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it. Donations of real properties, to be valid, must be made in a public instrument, specifying therein the property donated and the value of the charges which the donee must satisfy. The acceptance of the donation 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 (Article 749, Civil Code of the Philippines). Once these requirements have been complied with, ownership of the property donated shall be vested to the donee. You and your siblings have become the legal and registered owners of the house and lot of your father after it has been validly donated to you and its title was issued in your names. The loss of your copy of the deed of donation will not have the effect of divesting you of your rights over your house and lot. Nevertheless, your father, being the donor, may still get back the house and lot he donated to you by filing a petition for revocation of donation. The grounds for revocation of donation are enumerated in Article 765 of the Civil Code of the Philippines, to wit:“Article 765. The donation may also be revoked at the instance of the donor, by reason of ingratitude in the following cases: 1. If the donee should commit some offense against the person, the honor or the property of the donor, or of his wife or children under his parental authority2. If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or the act has been committed against the donee himself, his wife or his children under his authority 3. If he unduly refuses him support when the donee is legally or morally bound to give support to the donor.”Hence, if any of the foregoing grounds are present, your father may file a petition before the court for the revocation of his donation to you. His right to ask for the revocation, however, shall prescribe within one year to be counted from the time he had knowledge of the fact of any of the grounds and it was possible for him to bring the action (Article 769, Civil Code of the Philippines).We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed 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@manilAatimes.net" - https://www.affordablecebu.com/
 

Please support us in writing articles like this by sharing this post

Share this post to your Facebook, Twitter, Blog, or any social media site. In this way, we will be motivated to write articles you like.

--- NOTICE ---
If you want to use this article or any of the content of this website, please credit our website (www.affordablecebu.com) and mention the source link (URL) of the content, images, videos or other media of our website.

"Missing deed of donation over house and lot" was written by Mary under the Legal Advice category. It has been read 725 times and generated 0 comments. The article was created on and updated on 15 September 2021.
Total comments : 0