DEED OF EXTRAJUDICIAL SETTLEMENT OF ESTATE
WITH DEED OF SALE
Know all men by these presents:
We, (NAME
OF HEIRS), single/married, Filipino citizens, of legal age and residents
of (Residence of Heir 1), (Residence of
Heir 2), (Etc.), Philippines, respectively, on our own volition, declare as
follows:
- That we are the children and only
surviving heirs of the deceased (NAME
OF DECEASED) who died on (Date of Death) at (Place of Death / Hospital
Name and Address);
- That said deceased died intestate, without
any Last Will and Testament, and without any outstanding debts or accounts;
- That the deceased left the
following properties particularly described below:
(1) Description of
Property Number 1
(2) Description of
Property Number 2
(3) Description of
Property Number 3
(4) Description of
Property Number 4
(5) And so on…
- That pursuant to Section 1 of Rule
74 of the Revised Rules of Court of the Philippines, and all of us being
with full capacity to contract, we do hereby adjudicate unto ourselves the
properties described above, in equal shares pro indiviso;
- That we hereby undertake to publish
this Deed in a newspaper of general circulation once a week for three (3)
consecutive weeks.
- That by virtue of this
adjudication, we are now the exclusive owners of the above-described
properties and have the right to sell or dispose of the same;
- That we hereby certify that the
above-described properties are neither tenanted nor being cultivated by
any agricultural lessee and the same are free from all kinds of liens and
encumbrances whatsoever, and do not come within the operation of the
Comprehensive Agrarian Reform Program or any Agrarian Law;
- That for and in consideration of
the sum of (AMOUNT OF SALE PRICE IN
WORDS) (Php_______________), Philippine Currency, to us in hand paid
by (NAME OF BUYER), Filipino,
of legal age, single/married and a resident of (Residence of Buyer), hereinafter
referred to as the BUYER, receipt of which in full is hereby acknowledged,
we do hereby SELL, CEDE, TRANSFER and CONVEY, by way of absolute sale,
unto said BUYER, her heirs, assigns and successors-in-interests, the
following parcel of land and its improvements, if there are any:
Description of
Property Above-mentioned that is being sold
- That we hereby free the Provincial
& Municipal Assessor from any liability for approving the transfer of
the above-described parcel of land to (NAME OF BUYER), by virtue of the
said sale;
- We further warrant that the herein BUYER,
her heirs, assigns and successors-in-interest shall have peaceful
ownership and possession of the subject parcel of land and its improvements,
if there are any standing thereon, and we shall defend her title thereto
which we are selling herein to the said BUYER.
IN WITNESS WHEREOF, we have hereunto
affixed our signatures this (Date of Signing) at (Place of Signing),
Philippines.
NAME OF HEIR 1
Heir-Seller
NAME OF HEIR 2
Heir-Seller
And so on…
SIGNED IN THE PRESENCE OF:
1) __________________________ 2) _________________________
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES )
City of ____________________ ) S.S.
On this (Date of Signing), in (Place of Notarization), Philippines,
personally appeared before me the following, who exhibited to me their proof of
identity as indicated below:
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Name
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ID Type & Number
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Date of Issue/Expiry
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Place of Issue
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Name of Seller-Heir
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Name of Seller-Heir
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Name of Seller-Heir
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And so on…
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who are
known to me to be the same persons who executed the foregoing Extrajudicial
Settlement with Absolute Sale, and acknowledged to me that the same is their
free and voluntary act and deed.
This document, consisting of three (3) pages including this page on
which this acknowledgment is written, relates to an Extrajudicial Settlement
with Absolute Sale, and is signed by the herein Heir-Sellers and the
instrumental witnesses on each and every page hereof, as indicated.
WITNESS
MY HAND AND SEAL, on the date and in the place first above-written.
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of _____.
