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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."
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
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
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
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Agriculture (for agricultural land)
Commercial Property
Residential Property
Industrial Property
Land Development
Legal
Real Estate
Compliance
Property Management
Corporate Secretariat
Documentation
Land Registration
Title Processing
Business Development
Risk Management
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
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