Friday, September 29, 2017

Sample Form for Extrajudicial Settlement of Estate With Absolute Sale

                EXTRAJUDICIAL SETTLEMENT OF ESTATE WITH ABSOLUTE SALE 

KNOW ALL MEN BY THESE PRESENTS: 

 This AGREEMENT made end and entered into this _____ day of ________ 20__, in _______________________________________, by and between: 

 _____________, of legal age, Filipino, residing at _________________________________; 

 _____________, of legal age, married, residing at _________________________________;   _____________, of legal age, single, residing at _________________________________; and 

 _____________, of legal age, single, residing at _________________________________; 

WITNESSETH, that: 

           WHEREAS, we are the sole heirs of the deceased ___________________ who died on __________________, at _____________________________, copy of his death certificate is hereto attached as Annex A; 

           WHEREAS,  _______________________, died intestate, without Will or Testament, and without any outstanding debts in favor of any person or entity; 

          WHEREAS, ________________________ is the absolute and registered owner of two parcels of land located at __________________________ covered by Transfer Certificate of Title No.  ________ and _______, respectively, of the Registry of Deeds of _____________ and more particularly described as follows: 

                       [TECHNICAL DESCRIPTION OF THE PROPERTY] 

       WHEREAS, pursuant to Rule 74, Sec. 1 of the Revised Rules of Court of the Philippines, and being with full capacity to contract, we do hereby adjudicate unto ourselves the parcel of land described above, in equal shares. 

  FURTHER, FOR AND IN CONSIDERATION of the sum of _________________________ ( _______________ ), Philippine Currency, the receipt whereof is hereby acknowledged in full sum from ____________________________, both of legal age, Filipinos, and with residence address at _______________________, we do hereby SELL, TRANSFER, CONVEY and DELIVER, by way of ABSOLUTE SALE, unto said Spouses _____________________, their heirs assigns and successors in interest the property above described with all the improvements existing thereon; 

    That we hereby warrant our valid title to and peaceful possession of the property herein sold and conveyed and further declares that the same is free and clear of all liens and encumbrances of any kind whatsoever. 

      IN WITNESS WHEREOF, we hereunto set our hand on the _______ day of _________________, ______ at _____________________________________. 

                           The Heirs of __________________________ 


                                   ___________________________ 


___________________________   ___________________________ 


                                            ACCEPTED: 

___________________________      ___________________________ 


                                      SIGNED IN THE PRESENCE OF: 


___________________________   ___________________________ 



                                           ACKNOWLEDGEMENT 

Republic of the Philippines) City of ________________ ) S.S 

   BEFORE ME, a Notary Public in and for the City of _____________________, this ____ day of _______________, personally appeared ______________, ___________________, _________________, and _______________, who has satisfactory proven to me their identity through ________________ who is personally known to me and who personally knows the principal that they are the same person who executed and voluntarily signed the foregoing EXTRAJUDICIAL SETTLEMENT OF ESTATE WITH ABSOLUTE SALE which the acknowledged before me as their free and voluntary act and deed. 

     The foregoing instrument which relates to an Extrajudicial Settlement of Estate of two parcels of land consisting of ___ pages including the page on which this acknowledgement is written, has been signed on the left margin of each and every page by the parties and the witnesses. 

           WITNESS MY HAND AND SEAL, this ____ day of _______________, in the City of _______________________, Philippines. 


Doc. No. _______; 
Page No. _______; 
Book No. ______; 
Series of 20____.

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