Things you need to know about Deed of Donation for Land
1. What is a Deed of Donation?
A Deed of Donation transfers property from the owner (the “donor”) to another person (the “donee”) by way of donation. The Deed of Donation is usually executed for the love, gratuity and affection the donor has for the donee (e.g. from a parent to a child).
The donation can be simple and straight-forward with no conditions attached. However, the donor can also impose conditions on the donation that the donee must follow at the risk of the donation being revoked. For example, the donor can require the donee to take care of the donor for a certain period of time.
2. When do you need a Deed of Donation?
A Deed of Donation is used when you will donate property to another person.
Philippine law requires the donation of (a) immovable property (e.g. land, house); and (b) movable property (e.g. jewelry, car) worth more than PHP 5,000.00 to be in writing and notarized in certain cases. Hence, certain donations cannot be made orally otherwise they are not legally binding under the law. A Deed of Donation can satisfy the law's requirement for a written document.
3. How can a Deed of Donation protect you?
A Deed of Donation serves as the donee’s proof that property has been donated to him / her and that he / she has a right to the same. In certain situations government agencies require a Deed of Donation before they will issue a new Certificate of Title in the donee’s name.
For the donor the Deed of Donation allows the donor to put in writing any conditions that come with the donation. The donor can require the donee to follow certain conditions at the risk of revoking the donation.
In any case the Deed of Donation ensures that the donation complies with the requirement under the law (if applicable) that the donation be in writing.
4. What information do you need to create the Deed of Donation?
To create your Deed of Donation you’ll need the following minimum information:
The type of donor (e.g. individual or business) as well as name and details (e.g. nationality and address);
The type of donee (e.g. individual or business) as well as name and details (e.g. nationality and address);
Brief description of the property to be donated;
The obligations and conditions (if any) imposed on the donor and donee together with the donation; and
Other terms of the donation (e.g. the reason for the donation, when the donation becomes effective).