Dear Atty. Divine,
Our parents died and did not leave any will. Three adult heirs executed a deed of extra judicial settlement with waiver and renunciation of rights for two real properties in favor of the youngest sibling. ECAR has been released under the youngest sibling’s name.
But eldest sibling has a change of heart and is interested in one of the 2 properties. The second and youngest sibling agreed and has no problem with this. Here are my questions: 1. E-Car is under the youngest sibling’s name. All siblings agreed to directly transfer the ownership of the 2nd property to the eldest sibling’s name. Is this possible and how can it be done? 2. If we first transfer the ownership to the youngest, because the ECAR is issued to the youngest, and then after, transfer it again to the eldest, it will cost us twice the amount to pay for taxes, transfers, and all the fees. How do we avoid this and transfer it straight? 3. What can be done to move from the E-Car step and not go back to zero and go through the whole process again? Thank you and appreciate any input. God Bless! —Confused siblings
* * *
Dear Confused siblings,
Considering that the E-Car of the two properties has already been released to the youngest siblings, if you want the 2nd property to be transferred directly to the eldest sibling then the youngest sibling will execute a Deed of Donation in favor of the eldest sibling of the subject property, thereafter, the document shall be submitted to the BIR to pay for the donor’s tax. Paying the taxes again cannot be avoided in this case because you cannot obtain another E-car for the second property without submitting any deed of transfer to the BIR that will serve as their basis to issue another E-car. However, you can also consult with the BIR about this matter before you will proceed with your plan. Actually sa imo nga kaso, di gyud malikayan nga kaduha mo makabayad sa taxes ngadto sa BIR kay as what I said, dili man sila maka issue og E-car kun way basihan nga dokumento. Hinuon mas less og expenses ni og mas paspas kay sa imong huwaton pa nga ma-transfer ang title. Busa, huwaton ninyo ang bag-ong E-car from the BIR una ninyo i-process ang pag-transfer sa title og so tax declaration sa property. Thank you and God Bless. —Atty. Divine
Alang sa inyong pangutana, palihug sa pag-email sa flores_divina@yahoo.com ug akong tubagon ang inyong pangutana pinaagi sa inyong column matag Miyerkules, Sabado ug Domingo.