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Deed Of Sale Of Inherited Property
"I need a Deed of Sale of Inherited Property for a residential property in Manila that I inherited from my late father along with my two siblings; we want to sell it to a private buyer with full payment to be made by March 2025."
1. Parties: Identifies the Seller(s) (legal heirs) and Buyer(s), including their complete names, civil status, addresses, and tax identification numbers
2. Background: States the death of the original owner, details of inheritance, and confirmation that the sellers are legitimate heirs with the right to sell
3. Definitions: Defines key terms used in the deed, including references to the property, inheritance documents, and relevant legal terms
4. Property Description: Detailed description of the property including lot number, location, boundaries, area, and title certificate number
5. Proof of Inheritance: References to death certificate, extra-judicial settlement, or court decision establishing heir status
6. Consideration: States the agreed purchase price and payment terms
7. Mode of Payment: Details how and when payment will be made
8. Warranties and Representations: Sellers' warranties regarding ownership, absence of liens, and property condition
9. Tax Obligations: Specifies responsibility for capital gains tax, transfer tax, and other applicable taxes
10. Transfer of Possession: States when and how possession will be transferred to the buyer
11. Registration and Transfer: Procedures for transferring title to the buyer
12. Governing Law: Confirms Philippine law governs the deed
13. Execution: Formal signing section with notarization requirements
1. Co-heir Consent: Required when not all heirs are selling their shares, documenting consent of other heirs
2. Mortgage Details: Needed if the property has existing mortgages or encumbrances
3. Special Power of Attorney: Required if any heir is represented by an attorney-in-fact
4. Conjugal Property Declaration: Needed if the inherited property was conjugal property of the deceased
5. Reservation of Rights: Used when sellers retain certain rights or easements
6. Payment Terms and Conditions: Detailed section needed for installment payments or special payment arrangements
7. Broker's Commission: Required if a broker was involved in the sale
1. Schedule A - Property Documents: List of all property-related documents including title, tax declarations, and surveys
2. Schedule B - Inheritance Documents: Copies of death certificate, extra-judicial settlement, and other proof of inheritance
3. Schedule C - Tax Certificates: Current real property tax certificates and tax clearances
4. Schedule D - Property Photos and Plans: Recent photographs of the property and approved building plans if applicable
5. Schedule E - Payment Schedule: Detailed payment terms if not made in full at closing
6. Appendix 1 - Certified True Copies: Notarized copies of all referenced documents
7. Appendix 2 - Powers of Attorney: If applicable, documents authorizing representatives to act on behalf of parties
Authors
Real Estate
Legal Services
Banking & Finance
Property Development
Construction
Public Sector
Notarial Services
Insurance
Property Management
Professional Services
Legal
Real Estate
Property Management
Compliance
Administrative
Tax
Documentation
Land Registration
Estate Planning
Client Relations
Real Estate Lawyer
Property Conveyancer
Legal Counsel
Notary Public
Real Estate Broker
Property Manager
Tax Consultant
Estate Planning Attorney
Title Examiner
Legal Assistant
Paralegal
Real Estate Manager
Compliance Officer
Land Registration Officer
Property Administrative Officer
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