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Deed Of Absolute Sale By Heirs

Deed Of Absolute Sale By Heirs Template for Philippines

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Key Requirements PROMPT example:

Deed Of Absolute Sale By Heirs

"I need a Deed of Absolute Sale by Heirs for a residential property in Manila, where three siblings are selling their deceased father's house to a local buyer, with the sale to be completed by March 2025."

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Document background
The Deed of Absolute Sale by Heirs is a crucial legal document in Philippine property law, used when heirs of a deceased property owner wish to sell inherited real estate. This document type is specifically required when the original property owner has passed away and the property needs to be transferred directly from the heirs to a new buyer. It must comply with various Philippine laws including the Civil Code, Property Registration Decree, and relevant tax regulations. The deed includes essential elements such as proof of heir status, property details, sale terms, and tax compliance certificates. It requires careful drafting to ensure all heirs' interests are properly represented and the buyer receives clear title. The document is commonly used in both residential and commercial property transactions where inheritance is involved.
Suggested Sections

1. Title and Date: Formal title 'Deed of Absolute Sale by Heirs' and date of execution

2. Parties: Identification of all heir-sellers with their civil status, addresses, and relationship to the deceased; identification of buyer(s)

3. Background: Recitals establishing death of original owner, proof of heir status, property ownership history, and reason for sale

4. Definitions: Define key terms used in the deed including property descriptions, inheritance details, and relevant documents

5. Property Description: Detailed technical description of the property including lot number, survey details, boundaries, and title certificate number

6. Declaration of Heirship: Statement confirming sellers' status as legitimate heirs and their authority to sell

7. Consideration: Purchase price, payment terms, and acknowledgment of receipt

8. Warranties: Sellers' warranties regarding ownership, absence of liens, and authority to sell

9. Transfer of Rights: Express statement of transfer of all rights, interests, and participation in the property

10. Taxes and Expenses: Allocation of transfer taxes, registration fees, and other transaction costs

11. Notarial Acknowledgment: Standard notarial closing section complying with Philippine requirements

Optional Sections

1. Spousal Consent: Required when any heir-seller is married, containing spouse's consent to the sale

2. Prior Liens Disclosure: Needed if property has existing liens or encumbrances that need to be disclosed

3. Power of Attorney: Required when any heir is represented by an attorney-in-fact

4. Foreign Currency Provisions: Needed if transaction involves foreign buyers or foreign currency payments

5. Tenant Rights: Required if property is subject to existing lease or tenancy

6. Conditional Provisions: Used when sale is subject to specific conditions or contingencies

Suggested Schedules

1. Schedule A - Property Details: Complete technical description of property, including maps and surveys

2. Schedule B - Death Certificate: Certified copy of deceased owner's death certificate

3. Schedule C - Proof of Heirship: Documentation proving heir status (e.g., birth certificates, marriage certificates)

4. Schedule D - Tax Clearances: Estate tax clearance and other relevant tax certificates

5. Schedule E - Title Documents: Copy of original title and other relevant property documents

6. Appendix 1 - Special Power of Attorney: If applicable, POA documents for represented heirs

7. Appendix 2 - Extra-judicial Settlement: Copy of executed extra-judicial settlement among heirs

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Real Estate

Property Development

Legal Services

Banking and Finance

Construction

Property Management

Public Sector

Notarial Services

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Documentation

Tax Advisory

Corporate Secretarial

Risk Management

Relevant Roles

Real Estate Lawyer

Property Manager

Legal Counsel

Notary Public

Real Estate Broker

Title Examiner

Estate Planning Attorney

Compliance Officer

Property Developer

Real Estate Transaction Manager

Legal Documentation Specialist

Tax Consultant

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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