EXTRAJUDICIAL SETTLEMENT OF ESTATE
WITH WAIVER OF RIGHTS, AND DEED OF ABSOLUTE SALE
KNOW ALL MEN BY THESE PRESENTS:
This Extra-Judicial Settlement of Estate among heirs, made and
entered into this _____ day of __________________, 2022 in
____________________________, by and between:
_________________________, of legal age, single/married, Filipino Citizen
and a resident of ______________________;
_________________________, of legal age, single/married, Filipino Citizen
and a resident of __________________________________;
__________________________________, of legal age, single/married, Filipino
Citizen and a resident of __________________________________;
WITNESSETH, that:
WHEREAS, we are the legitimate heirs of the deceased
_________________________________ who both died at ____________________ on
___________________ and __________________, respectively;
WHEREAS, _________________________________, died intestate, without
WILL or Testament, and without any outstanding debts in favor of any person
or entity;
WHEREAS, the deceased _________________________________, left a parcel
of land specifically describes as follows:
“A parcel of agricultural land situated in Barrio
_________________________________, Municipality of ___________, Province
of _________________________________, , containing an area of
_________________________________ square meters, more or less, which
particularly described in Transfer Certificate of Title No.
_________________________”
WHEREAS, in view of the above facts and circumstances, we are
therefore co-owners and to terminate co-ownership over the same, we
hereby adjudicate over the same in pro-indiviso sharing pursuant to Section
1, Rule 74 of the Rules of Court of the Philippines, subject to the liabilities
imposed by Section 4, of the same rule.
WAIVER OF RIGHTS
WHEREAS, we, _________________________________________________ and
whose personal circumstances is mentioned above, has agreed and
covenanted to CEDE, TRANSFER, CONVEY and DELIVER unto our co-heir
_________________________________, his heirs and assigns the full ownership
and possession of the above-described property.
THEREFORE, for and in consideration of the foregoing premises, we
hereby WAIVE and RENOUNCE our share, right and participation over the
above-mentioned property in favor of _________________________________, his
heirs and assigns the full ownership and possession of the above-described
property.
WITHNESSETH further that-
FOR AND IN CONSIDERATION of the sum of
_________________________________PESOS ONLY (PHP __________________),
Philippine Currency, received by _________________________________from
_________________________________ (buyer), of legal age, Filipino, married to
_________________________________and a resident of
_________________________________, the above-described property which
hereby SELL, CEDE, TRANSFER, CONVEY, and DELIVER, by way of ABSOLUTE
SALE, unto said _________________________________, her heirs assigns and
successors in interest the above-described property 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 hands on the ______ day of
_______, 2022 at ______________________.
THE HEIRS OF _________________________________
_______________________ ________________________ _____________________
Heir Heir Heir
ACCEPTED:
_______________________
(Buyer)
Marital Consent:
_______________________
Spouse
SIGNED IN THE PRESENCE OF:
________________________________ ______________________________
REPUBLIC OF THE PHILIPPINES } S.S.
CITY OF __________________ }
ACKNOWLEDGEMENT
BEFORE ME, a Notary Public, this ____ day of _________________________, 2024,
personally appeared the following:
Name IDs Presented/No. Issued at/on
All known to me and to me known to be the same persons who executed the
foregoing EXTRAJUDICIAL SETTLEMENT OF ESTATE WITH WAIVER OF RIGHTS
AND ABSOLUTE SALE and they acknowledged to me that the same is their
free and voluntary act and deed.
The foregoing instrument which relates to an Extrajudicial Settlement of
Estate of _________________________________ consist of four (4) 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.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
notarial seal on the date and at the place written above.
NOTARY PUBLIC
Doc No. ______;
Page No. ______;
Book No. _____;
Series of 2024.
