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TOPIC: Getting Back Land Donated

Getting Back Land Donated 6 years 8 months ago #255

Dear Sir,

We are 5 siblings.Our father who is the Owner of the House and Lot in the Tax Declaration died in 1989. The said Property according to my Mother (who died in 2009) was donated by my Father's mother- my Gradmother.Our Eldest filed in 1995 a request to "defer transfer or sale" to the Assessor Office. We (except the eldest) are supposed to file "Partition" but since our grandmother is staying in that house, we just kept quiet.Last September 17, 2012, our Grandmother died. Naturally, after interment we 4 siblings now went to the Assessor's Office to get a copy of the Tax Declaration but to our surprise it is now in the name of our Eldest. We also learned that it was first transferred to our grandmother in 2004 and transferred to our eldest also in the same year.My questions are as follows:
1. Can a property be claimed back by the donor (our grandma), if so what are the legal conditions?
2. Do we have a legal basis to file a case in court, if so what case should we file?
3. Can the government run after him for not paying taxes for this property and many more that our grandmother gave him, because he was able to fool her.
Actually, no. 3 is our last resort because he fooled us all!

Thank you and hoping to hear from you soon.

Respectfully,
Danny
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Getting Back Land Donated 6 years 8 months ago #279

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1. The property cannot be claimed by your grandma obviously because she is already dead. What you can do is have the donated property collated as part of the estate of the deceased and have it distributed to the heirs.

2. File an annulment of title or partition of the estate as the case may be.

3. Yes, the government can always run after him if the right subsists.
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Getting Back Land Donated 6 years 8 months ago #302

Thank you so much Atty. for the quick response. However, my Grandma in 2004 was still alive when the claiming back and transferring (by donation) to our Eldest occurred.
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Getting Back Land Donated 6 years 8 months ago #303

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Yes. The remedy is to have it collated.
"Excellence is our Standard..."
Please note that answering your queries in the free legal advice forum does not create an Attorney-Client relationship.
Seek services of an independent counsel when dealing with legal issues. Legal issues need scrutiny and attention.
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Getting Back Land Donated 6 years 8 months ago #308

Does that mean that my Grandma cannot claimed back the property she donated previously to our Father and donate it again to our Eldest? What is collated Atty.? What do we do when you say "have it collated?" Many Thanks and God Bless Atty....
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Getting Back Land Donated 6 years 8 months ago #309

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Collation is when all the estate of the decedent is gathered for succession purposes.
"Excellence is our Standard..."
Please note that answering your queries in the free legal advice forum does not create an Attorney-Client relationship.
Seek services of an independent counsel when dealing with legal issues. Legal issues need scrutiny and attention.
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