An Affidavit for Relinquishment of Property Rights is a crucial legal document in Philippine property law that enables individuals to formally surrender their rights and interests in specific property. This document is commonly used in various scenarios, including family settlements, property transfers, estate planning, or resolving property disputes. It must comply with the Civil Code of the Philippines, Property Registration Decree (PD 1529), and local notarial laws. The affidavit requires detailed information about the declarant, property description, clear relinquishment statements, and often needs supporting documentation such as property titles and tax declarations. When involving conjugal property, spousal consent is mandatory under Philippine family law. This document serves as strong evidence of the voluntary surrender of property rights and can be used in various legal and administrative proceedings.
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1. Title and Jurisdiction Declaration: States the document type and the jurisdiction (Philippines) where the affidavit is being executed
2. Declarant Information: Full legal name, age, citizenship, civil status, and complete address of the person relinquishing their property rights
3. Competency Statement: Declaration of being of sound mind and legal age, acting freely and voluntarily without undue influence
4. Property Description: Detailed description of the property being relinquished, including legal description, location, and title information
5. Ownership Proof: Statement of current ownership and how the property was acquired, with reference to relevant titles or documents
6. Relinquishment Declaration: Clear and unequivocal statement of intention to relinquish all rights, interests, and claims to the property
7. Beneficiary Information: Details of the person or entity to whom the rights are being relinquished, if applicable
8. Verification and Oath: Statement verifying the truthfulness of the contents and oath before the notary public
1. Spousal Consent: Required if the declarant is married and the property is conjugal or community property
2. Consideration Statement: If the relinquishment is made in exchange for some consideration, details of the arrangement
3. Tax Clearance Declaration: Statement regarding payment of relevant taxes or tax obligations related to the property
4. Waiver of Claims: Additional section waiving any future claims or rights to the property
5. Prior Encumbrances: Declaration of any existing liens, mortgages, or encumbrances on the property
1. Property Title Documents: Certified true copies of property titles, deeds, or other ownership documents
2. Property Technical Description: Detailed technical description of the property including boundaries, measurements, and survey details
3. Tax Declarations: Copies of current tax declarations and receipts related to the property
4. Supporting Documents: Additional documents such as marriage certificate (if applicable), valid IDs, or other relevant certificates
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