Sample Form: Deed of Sale of Unregistered Land

(This form is for the sale of unregistered real property/estate)

DEED OF ABSOLUTE SALE 

KNOW ALL MEN BY THESE PRESENTS: 

This DEED OF ABSOLUTE SALE is made, executed and entered into by:

        (NAME OF SELLER), of legal age, single/married to (Name of spouse if any), Filipino, and with residence and postal address at (Address of Seller), hereinafter referred to as the SELLER

-AND-

       (NAME OF BUYER), Filipino and with residence and postal address at (Address of Buyer), hereinafter referred to as the BUYER.

WITNESSETH, THAT:

For and in consideration of the amount of P______________, paid to me today by _______________, of legal age, Filipino, single and resident of _______________ (BUYER), the SELLER does hereby SELL, TRANSFER, and CONVEY absolutely and unconditionally unto said ____________ that certain parcel (s) of land/real estate destined for and in actual use as _________ land, together with the buildings and improvements thereon, situated at ______________, and more particularly described as follows: 

          (description: state the nature of each piece of land and its improvements, situations and boundaries, area in square meters, whether or not the boundaries are visible on the land by means of monuments or otherwise; and if they are, what they consist of, the permanent improvements, if any, the page number of the assessment of each property for current year (s) when registration is made, the assessed value of the property for the year) 

The SELLER hereby declare that the boundaries of the foregoing land are visible by means of (monuments, creeks, trees, etc.) _______________; that permanent improvements existing thereon consist of ________ (if none, state so); that the land is assessed for the current year at Php___________ as per Tax Declaration No.________, and the buildings and/or improvements, at Php___________ as per Tax declaration No._______________, of the city/municipal assessor of ______; and that the property is in the present possession of the SELLER (or seller's tenant or representative, as the case may be, named _____).

The SELLER  hereby covenants and agrees with the said BUYER that he/she is lawfully seized in fee of said premises, that they are free and clear of all liens and encumbrances, that he/she has a perfect right to convey the same, and that he/she will warrant and forever defend the same unto said BUYER, his/her heirs and assigns against the lawful claims of third persons whomsoever;

The above described real estate, not having been registered under Act No. 496 nor under the Spanish Mortgage Law, the parties hereto have agreed to register this instrument under the provisions of Act 3344. 

           IN WITNESS WHEREOF, we have signed this deed this ____ day of ______, _____ at _________. 

________________ 

(SELLER) 

With my marital consent: 

___________________ 

Signed in the Presence of: 

_______________           _______________

REPUBLIC OF THE PHILIPPINES) 

PROVINCE OF _______________) 

CITY/MUNICIPALITY OF _____) S.S. 

            BEFORE ME, a NOTARY PUBLIC for and in the above jurisdiction, this ___ day of _____, ______, personally appeared the following persons 

                   NAME                  IDENTIFICATION           DATE AND PLACE 

                                                                                             OF ISSUANCE

              ____________        ____________                  _______________

              ____________        ____________                  _______________

         Known to me to be the same persons who executed the foregoing instrument and they acknowledged to me that the same is their own free and voluntary act and deed and of the corporations herein represented. 

        This instrument refers to a (title of document) and consists of ___ pages including the page on which this acknowledgment is written and signed by the parties and their instrumental witnesses on each and every page thereof. 

          WITNESS MY HAND AND SEAL on the date and at the place above written. 

                                                         

Doc. No._____; 

Page No. ____; 

Book No.____; 

Series of _____.

Sample Form: EXCLUSIVE OPTION TO PURCHASE

KNOW ALL MEN BY THESE PRESENTS:

That _______________, of legal age, single/married to ______________, and resident of ______________________ hereinafter called the GRANTOR, for good and valuable consideration the receipt whereof is hereby acknowledged from _________________, likewise of legal age, single/married to _______________, Filipino citizen, and resident of ____________________, hereinafter called the GRANTEE, does hereby grant unto said GRANTEE the EXCLUSIVE OPTION to buy that certain real property covered by Original/Transfer/Condominium Certificate of Title No. _________ and more particularly identified as follows:

(TECHNICAL DESCRIPTION)

That the purchase price of the above-described property is hereby agreed at _________________ PESOS (P________) Philippine currency, payable within the period of this option, which shall expire on ____________, 20 ____, at 12:00 ____;

That the GRANTEE, upon deciding definitely to exercise the right under this option, shall serve written notice to the GRANTOR at least five days in advance of the date to be fixed for the execution of the deed of Absolute Sale, with warranty of title, and such other legal papers as may be necessary, and simultaneously for the delivery of the agreed purchase price;

That it is further agreed that if the GRANTEE shall fail to exercise the right under this option within the period above stipulated, or default to pay the agreed purchase price on the date set for the execution of the necessary instruments, then this option shall be deemed automatically cancelled and rendered of no further force and effect, and the consideration paid thereof forfeited in favor of the GRANTOR: Provided, however, that if the sale be consummated, the consideration of this option received by the GRANTOR shall be applied as part of the agreed purchase price; and

That all incidental expenses including attorney’s fees and documentary stamps and capital gains tax shall be for the account of the GRANTOR or seller, and the registration fees and transfer tax for the transfer of title to the GRANTEE or buyers shall be for the account of the latter.

IN WITNESS WHEREOF, the GRANTOR has hereunto set/her hand at ________, Philippines, on this ______ day of ________________, 20 ______.

_______________________

GRANTOR

AGREED:

__________________

GRANTEE

SIGNED IN THE PRESENCE OF:

____________________________    ______________________________

ACKNOWLEDGMENT

Republic of the Philippines

_____________________SS.

BEFORE ME, a Notary Public in and for the City/Municipality of ____________________, Philippines, this _____ day of _________________, 20____ personally appeared:

Name           Valid ID               Date/Place Issued

_________________       ____________           _______________

_________________      _____________          _______________

all known to me and to me known to be the same persons who executed the foregoing instrument and they acknowledged to me that the same is their free and voluntary act and deed.

IN WITNESS WHEREOF, I hereunto set my hand and affix my notarial seal on the date and at the place first above written.

Doc No. _______

Page No._______

Book No. ______

Series of ______

FORM: Extrajudicial Settlement of Estate

EXTRAJUDICIAL SETTLEMENT OF ESTATE

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT made end and entered into this _____ day of ________20__, in _______________________________________, by and between:

_____________, of legal age, Filipino, widow, residing at _________________________________;

_____________, of legal age, Filipino married, residing at ________________________________;

WITNESSETH, that:

WHEREAS, we are the sole heirs of the deceased ___________________ who died on __________________, at _____________________________, copy of his death certificate is hereto attached as Annex A;

WHEREAS, _______________________, died intestate, without Will or Testament, and without any outstanding debts in favor of any person or entity;

WHEREAS, ________________________ is the absolute and registered owner of two parcels of land located at __________________________ covered by Transfer Certificate of Title No. ________ and _______, respectively, of the Registry of Deeds of _____________ and more particularly described as follows:

[TECHNICAL DESCRIPTION OF THE PROPERTY]

WHEREAS, pursuant to Rule 74, Sec. 1 of the Revised Rules of Court of the Philippines, and being with full capacity to contract, we do hereby adjudicate unto ourselves the parcel of land described above, in equal shares.

IN WITNESS WHEREOF, we hereunto set our hand on the _______ day of _________________, ______ at _____________________________________. 

The Heirs of __________________________

___________________________ ___________________________

SIGNED IN THE PRESENCE OF:

___________________________ ___________________________

ACKNOWLEDGEMENT

Republic of the Philippines)

City of ________________ ) S.S

BEFORE ME, a Notary Public in and for the City of ______________________, this _____ day of ______________, personally appeared:

Name           Identification Card          Valid until/Expires on

who have satisfactory proven to me their identity that they are the same person who executed and voluntarily signed the foregoing EXTRJUDICIAL SETTLEMENT OF ESTATE which they acknowledged before me as their free and voluntarily act and deed.

The foregoing instrument which relates to an Extrajudicial Settlement of Estate of two parcels of land consisting of ___ pages including the page on which this acknowledgement is written, has been signed on the left margin of each and every page by the parties and the witnesses.

WITNESS MY HAND AND SEAL, this ____ day of _______________, in the City of _______________________, Philippines.

Doc. No. _______;

Page No. _______;

Book No. ______;

Series of 20____.

See Also: Extrajudicial Settlement of Estate with Absolute Sale