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Deed Of Sale For Deceased Owner

Deed Of Sale For Deceased Owner Template for Philippines

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Key Requirements PROMPT example:

Deed Of Sale For Deceased Owner

"I need a Deed of Sale for Deceased Owner for a residential property in Manila, where the deceased owner left three heirs who have completed extra-judicial settlement and now want to sell to a single buyer with payment in installments throughout 2025."

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Document background
The Deed of Sale for Deceased Owner is a crucial legal document used in the Philippines when transferring property ownership from a deceased person's estate to a buyer. This document is necessary when the registered owner of a property has passed away and their heirs or estate administrator wish to sell the property. It must comply with various Philippine laws, including the Civil Code, Rules of Court, and tax regulations. The deed typically includes proof of the seller's authority to sell (through estate settlement or court appointment), documentation of estate tax payment, and standard sale provisions. It's particularly important that this document properly addresses both succession law requirements and property transfer regulations to ensure a valid and legally binding transaction.
Suggested Sections

1. Parties: Identifies the Seller (heirs/administrator of deceased owner's estate) and the Buyer, including their complete names, civil status, and addresses

2. Background: States the death of the original owner, details of estate settlement, and authority of sellers to dispose of the property

3. Definitions: Defines key terms used in the deed, including references to the property, parties, and relevant legal documents

4. Property Description: Detailed description of the property being sold, including lot number, title details, boundaries, and improvements

5. Consideration: States the purchase price and payment terms

6. Warranties and Representations: Sellers' warranties regarding their authority to sell, property condition, and absence of liens/encumbrances

7. Tax Declarations: Statements regarding payment of estate tax and other applicable taxes

8. Transfer of Title: Process and obligations for transferring title to the buyer

9. Expenses: Allocation of costs related to the sale and transfer

10. Execution: Formal signing requirements and notarization provisions

Optional Sections

1. Broker's Commission: Include when a broker is involved in the transaction

2. Holdback Provisions: Include when part of the purchase price is held in escrow pending completion of certain conditions

3. Prior Occupancy: Include when there are existing tenants or occupants in the property

4. Mortgage Assumption: Include if there's an existing mortgage that the buyer will assume

5. Co-owner's Consent: Include when the deceased owned the property jointly with others

6. Special Power of Attorney: Include when some heirs are represented by an attorney-in-fact

Suggested Schedules

1. Property Title: Copy of the property title showing deceased owner's name

2. Death Certificate: Certified copy of the deceased owner's death certificate

3. Estate Tax Clearance: Copy of estate tax clearance from BIR

4. Extra-judicial Settlement: Copy of extra-judicial settlement agreement among heirs (if applicable)

5. Court Order: Copy of court order appointing administrator/executor (if applicable)

6. Tax Declarations: Current tax declarations and receipts

7. Authority to Sell: Documents evidencing sellers' authority to sell the property

8. Publication Proof: Proof of publication of extra-judicial settlement (if applicable)

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
Deceased Owner
Seller(s)
Buyer
Estate
Heirs
Administrator
Executor
Extra-judicial Settlement
Estate Tax Clearance
Transfer Certificate of Title
Tax Declaration
Purchase Price
Closing Date
Deed of Extra-judicial Settlement
Bureau of Internal Revenue
Registry of Deeds
Letters of Administration
Certificate of No Objection
Surviving Heirs
Estate Proceedings
Transfer Tax
Capital Gains Tax
Documentary Stamps
Settlement of Estate
Property Registration
Liens and Encumbrances
Death Certificate
Publication Notice
Effectivity Date
Relevant Industries

Real Estate

Legal Services

Banking and Finance

Property Development

Construction

Property Management

Tax Advisory

Notarial Services

Government Services

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Tax Advisory

Document Processing

Title and Registration

Estate Administration

Sales

Risk Management

Relevant Roles

Real Estate Lawyer

Property Manager

Estate Administrator

Legal Counsel

Real Estate Broker

Title Officer

Tax Consultant

Probate Attorney

Conveyancing Officer

Property Developer

Real Estate Agent

Legal Assistant

Compliance Officer

Document Specialist

Estate Planning Advisor

Industries
Civil Code of the Philippines (Republic Act No. 386): Governs general provisions on contracts, sales, and property transfers, particularly Articles 1305-1422 on contracts and Articles 1458-1637 on sales
Rules of Court (Rule 73-91): Provides procedures for settlement of estate of deceased persons, including the appointment of administrators and distribution of assets
Extra-judicial Settlement of Estate (Republic Act No. 139): Allows heirs to settle the estate without court proceedings if certain conditions are met, including publication requirements
Estate Tax Law (National Internal Revenue Code): Requires payment of estate tax and securing of Estate Tax Clearance before transfer of inherited property
Property Registration Decree (PD 1529): Governs the registration and transfer of titled properties, including requirements for recording property transfers in the Registry of Deeds
Local Government Code (Republic Act No. 7160): Prescribes local tax obligations and requirements for property transfers, including payment of transfer tax to local government units
Tax Reform Act (TRAIN Law - RA 10963): Contains updated provisions on estate tax rates and requirements applicable to transfer of properties from deceased persons
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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