Deed Of Sale Of Inherited Property Template for Philippines

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Key Requirements PROMPT example:

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."

Document background
The Deed of Sale of Inherited Property is a crucial legal instrument in Philippine property law, used when heirs wish to sell property received through inheritance. This document is essential for ensuring clear title transfer and protecting both sellers' and buyers' interests in the Philippine jurisdiction. It must include proof of legitimate inheritance, typically through an extra-judicial settlement or court judgment, and comply with requirements under the Civil Code of the Philippines, Property Registration Decree, and tax regulations. The deed requires notarization and registration with the Registry of Deeds, and must address capital gains tax, documentary stamp tax, and local transfer taxes. It's particularly important in the Philippine context where family property ownership and inheritance are common, and strict compliance with succession and property transfer laws is required.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant legal definitions
Relevant Industries

Real Estate

Legal Services

Banking & Finance

Property Development

Construction

Public Sector

Notarial Services

Insurance

Property Management

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Administrative

Tax

Documentation

Land Registration

Estate Planning

Client Relations

Relevant Roles

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

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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