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EXTRAJUDICIAL SETTLEMENT OF ESTATE

With WAIVER OF HEREDITARY RIGHTS

KNOW ALL MEN BY THESE PRESENTS:

This Agreement made and entered into this ____ day of ________________, in
____________ by and between:

We, the HEIRS of __________________, namely,

1. ________________, of legal age, single/ married, Filipino, with residence at Brgy.


_________________, ________________________;
2. _________________ , of legal age, single/ married, Filipino, with residence at
Brgy. _________________, ________________________;
3. ______________________ of legal age, single/ married, Filipino, with residence at
Brgy. _________________, ________________________;

WITNESSETH, that:

WHEREAS, ________________ (the “Decedent”), a resident of Brgy.


_____________________, _______________________________, died intestate on
____________________1, leaving real properties located at Brgy.
___________________________________________________, the real properties covered
by:

1. Transfer Certificate of Title No. _______2 with 720 square meters;


2. Transfer Certificate of Title No. ____________3 with 468 square meters; and
3. Transfer Certificate of Title No. _____________4 with 253 square meters,
respectively, at the Registry of Deeds of the City Of Pasay, Metro Manila.

WHEREAS, the Parties hereto are the only surviving heirs of the Decedents;

WHEREAS, there are no known debts or obligations due against the estate of
said Decedent;

WHEREAS, it is to be the best interests of the Parties hereto to divide and


partition and adjudicate among themselves the entire estate extrajudicially, in the form
and manner hereinafter set forth;

1
A copy of the Death Certificate of the Decedent is herein attached as Annex “A” and is made an integral part
hereof.
2
A copy of the Transfer Certificate of Title is herein attached as Annex “B-1” and is made an integral part hereof.
3
A copy of the Transfer Certificate of Title is herein attached as Annex “B-2” and is made an integral part hereof.
4
A copy of the Transfer Certificate of Title is herein attached as Annex “B-3” and is made an integral part hereof.

1
NOW THEREFORE, for and in consideration of the foregoing premises, the
Heirs agree to the terms and conditions of this Extrajudicial Settlement and Waiver of
Hereditary Rights as follows—

1. Adjudication of Estate. Pursuant to the provision of Sec. 1 of Rule 74 of the


Rules of Court, the Parties have agreed to settle the estate extrajudicially and to this
effect do hereby partition and adjudicate the same unto themselves, in equal shares,
subject to the liabilities imposed by Sec. 4 of Rule 74 of the Rules of Court for a period of
two years in favor of any other possible heirs, creditors or any other person deprived of
the lawful participation over the said estate of the deceased and encumbrances.

2. Publication. The Parties undertake and agree to publish this instrument in


a newspaper of general circulation in the Municipality of Tanauan and Province of
Batangas.

3. Other Properties Not Provided Herein. In the remote event that any other
property of the Decedent should ever be found which is not included hereinabove, the
Parties agree to settle and distribute the same in like manner and proportion as herein
established and disposed.

4. Preterition. Should there be preterition or omission of one, some, or all of


the compulsory heirs in the direct line, whether living or not at the time of the execution
of this Deed, it will not invalidate or nullify the terms and conditions of this Deed.
Instead, the Parties shall proportionately oblige themselves to pay to the omitted heir/s
or the latter’s heir/s the share which belongs to him/them, in accordance with the rules
of succession under the Civil Code of the Philippines.

5. Waiver of Hereditary Rights. I, ______________________ as a


legal/compulsory heir, do hereby (SELL/ TRANSFER) CONVEY and WAIVE all my
shares, rights, interest and participation in the above-described real and personal
properties of the estate of the decedent, in favor of __________________________ pro
indiviso or in equal shares.

IN WITNESS WHEREOF, we hereunto set our hand on the ____ day of __


____________, in ___________________________________, Philippines.

2
AFFAINTS- HEIRS:

________________________________ ________________________________

Signed in the presence of:

_________________________________ _________________________________
Witness Witness

ACKNOWLEDGMENT

Republic of the Philippines)


) S.S.

BEFORE ME, a Notary Public for and in_____________, ____ day


of_____________, personally appeared the following:

Names Government-Issued Date and Place of


ID Issuance/Expiry

known to me and to me known to be the same persons executed the foregoing


Extra Judicial Settlement consisting of three (3) pages signed in each page thereof by the
parties and their witnesses, and they acknowledged that the same is their free and
voluntary act and deed as well as the principals they represent.

WITNESS MY HAND AND SEAL, this _________ day of ____________ in the


place first above mentioned.

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of ______.

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