Can I reclaimed my gifted property to my sister as I am with a life interest in the property

Good day,

Deed of gift when transferred legally, i.e signed by both parties cannot be revoked. However, there are exceptions like the one you have highlighted. Although, we would need to prove further your case for you to have a right to reclaim. Contact us via mail paulohimatt@gmail.com or call/Whatsapp 08089901606

Hello:

Presuming any of you are Philippine Citizens or the property is located here, under Philippine law, once a property is transferred by way of donation and accepted by the donee, ownership is generally considered complete and irrevocable. However, the Civil Code provides certain grounds where a donor may revoke a donation. These are limited instances such as a.) ingratitude of the donee, for example if the donee commits an offense against the donor or unjustly refuses to support the donor when legally obliged, b.) non-compliance with the conditions imposed in the donation, if any, and c.) when the donation is made in contemplation of marriage which does not take place.

In your situation, since you mentioned that you signed the deed of donation without fully reading it due to cataracts, another possible remedy is to question the validity of the donation itself. Under the Civil Code, a contract may be voidable if consent is vitiated by mistake, fraud, undue influence, or lack of proper understanding. If you can show that your consent was not fully informed or was impaired by your medical condition, then you may have a basis to file an action in court to annul or rescind the donation.

The process will involve filing a case before the Regional Trial Court where the property is located. The cost will depend on the assessed value of the property because filing fees are based on the value involved. Apart from filing fees, you should also consider attorney’s fees and possible litigation expenses. In terms of time, court proceedings for annulment or revocation of donation may take several years depending on the complexity of the case, the evidence to be presented, and the court’s docket.

It is very important that you act quickly since actions for annulment of voidable contracts prescribe within four years from the time the cause of action arises. In your case, since the donation was executed only in February 2023, you are still within the prescriptive period to contest it.

We at Recososa Law Firm can carefully assess the documents you signed and advise you on the best legal strategy, whether it is to file for annulment of the donation due to lack of proper consent or to seek revocation under the grounds provided by law. We have offices in Luzon, Visayas and Mindanao and we can schedule an initial consultation via google meet or zoom call, or you may visit us in person. You may send us an email at recososalawfirm@gmail.com and indicate that you are a client from Lawzana. Alternatively, you can also call or text us at +639175046510.
 

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