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Deed Of Absolute Sale With Partition

Deed Of Absolute Sale With Partition Template for Philippines

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Key Requirements PROMPT example:

Deed Of Absolute Sale With Partition

"Need a Deed of Absolute Sale with Partition for a family-owned residential property in Manila, where I'm selling to three siblings who want equal shares, with completion planned for March 2025; must include specific provisions for shared driveway access."

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Document background
The Deed of Absolute Sale with Partition is a specialized legal instrument used in the Philippines when property is being sold and simultaneously divided among multiple buyers or beneficiaries. This document is particularly relevant in situations involving family property distributions, joint purchases by multiple parties, or corporate property acquisitions requiring immediate subdivision. The deed must comply with Philippine property laws, including the Civil Code, Property Registration Decree (PD 1529), and local government regulations. It contains detailed property descriptions, terms of sale, payment provisions, and specific partition arrangements. The document is crucial for ensuring clear title transfer and preventing future property disputes by explicitly defining each party's portion and rights.
Suggested Sections

1. Parties: Identification of the Seller(s) and Buyer(s) with complete names, civil status, addresses, and tax identification numbers

2. Background: Recitals explaining the current ownership status of the property, reason for sale and partition, and any relevant historical context

3. Definitions: Definitions of key terms used throughout the deed

4. Property Description: Detailed description of the property including lot number, location, boundaries, area, and title details

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

6. Terms of Sale: Complete terms and conditions of the sale including warranties and representations

7. Partition Agreement: Detailed description of how the property will be divided among the buyers, including specific portions and boundaries

8. Taxes and Expenses: Allocation of responsibility for transfer taxes, registration fees, and other related expenses

9. Transfer of Rights: Statement of absolute transfer of rights, title, and interests from seller to buyers

10. Possession: Terms regarding the delivery of possession of the property

11. Registration and Title: Provisions for the registration of the sale and partition with relevant authorities

12. Governing Law: Specification that the deed is governed by Philippine law

13. Execution: Formal execution clause and signature blocks

Optional Sections

1. Conjugal Property Certification: Required when the seller is married and the property is conjugal - includes spouse's consent

2. Mortgage Release: Include when the property has an existing mortgage that needs to be discharged

3. Power of Attorney: Required when any party is acting through an attorney-in-fact

4. Co-owners' Waiver: Include when there are co-owners waiving their rights of first refusal

5. Easements and Restrictions: Include when there are existing easements or restrictions that will continue after the sale

6. Special Powers: Include when specific powers are granted to complete registration process

7. Dispute Resolution: Optional clause specifying mechanism for resolving future disputes

Suggested Schedules

1. Schedule A - Property Details: Technical description of the property including lot plan, boundaries, and technical specifications

2. Schedule B - Partition Plan: Detailed plan showing how the property will be divided, including measurements and boundaries of each portion

3. Schedule C - Payment Schedule: If payment is in installments, detailed schedule of payments

4. Schedule D - Title Documents: List of all title documents and certified true copies

5. Appendix 1 - Tax Clearances: Copies of real property tax clearances and other tax certificates

6. Appendix 2 - Property Images: Recent photographs of the property and improvements

7. Appendix 3 - Required Permits: Copies of necessary permits and clearances from local authorities

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Property
Purchase Price
Completion Date
Transfer Date
Partition Plan
Divided Portions
Common Areas
Boundaries
Technical Description
Title Documents
Improvements
Easements
Encumbrances
Registration Fees
Transfer Taxes
Closing Costs
Possession Date
Seller's Warranties
Certificate of Title
Tax Declaration
Real Estate Taxes
Documentary Requirements
Local Assessment
Partition Agreement
Co-owners
Share Ratio
Occupancy Rights
Access Rights
Permitted Use
Zoning Classification
Property Registration
Survey Plan
Lot Consolidation
Subdivision Plan
Relevant Industries

Real Estate

Property Development

Construction

Banking and Finance

Legal Services

Agriculture (for agricultural land)

Commercial Property

Residential Property

Industrial Property

Land Development

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Corporate Secretariat

Documentation

Land Registration

Title Processing

Business Development

Risk Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Broker

Legal Counsel

Corporate Secretary

Compliance Officer

Title Officer

Land Registration Officer

Property Development Manager

Real Estate Transaction Manager

Legal Documentation Specialist

Property Rights Specialist

Conveyancing Lawyer

Real Estate Paralegal

Industries
Civil Code of the Philippines (Republic Act No. 386): Provides the basic legal framework for contracts, sales, and property ownership. Particularly relevant are Articles 1305-1422 (Contracts), Articles 1458-1637 (Sales), and Articles 484-501 (Co-ownership)
Property Registration Decree (Presidential Decree No. 1529): Governs the registration of real property and provides the system of registration of titles and transactions affecting registered land
National Internal Revenue Code (Tax Code): Covers the tax aspects of property transfers, including capital gains tax, documentary stamp tax, and other related tax obligations
Local Government Code (Republic Act No. 7160): Provides regulations on local real property taxation, transfer taxes, and necessary local government clearances
Family Code of the Philippines (Executive Order No. 209): Relevant when the property involved is conjugal property or when the transaction involves family members, particularly Articles 87-99 on Conjugal Partnership of Gains
Land Registration Authority (LRA) Regulations: Administrative rules and requirements for registering property transfers and partition agreements
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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