Extrajudicial Settlement of Estate With Simultaneous Donation

Download as doc, pdf, or txt
Download as doc, pdf, or txt
You are on page 1of 4

EXTRAJUDICIAL SETTLEMENT OF ESTATE AMONG

HEIRS WITH SIMULTANEOUS DONATION AND SALE

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT, made and entered into by and between:


ANTONIO LABO, SR., of legal age, widower and a resident of Bulanao,
Tabuk, Kalinga;

IAN DEO B. LABO, of legal age, married to Mai Lani V. Labo and a
resident of Bulanao, Tabuk, Kalinga;

ANTONIO B. LABO, JR., ADAH B. LABO, MITOS B. LABO, of legal age,


all single and residents of Bulanao, Tabuk, Kalinga;
WITNESSETH: That
WHEREAS, on JANUARY 22, 2003, CARMELITA B. LABO died intestate,
her Certificate of Death hereto attached as Annex “A” and forms an integral part
of this document, leaving a certain real property covered by Katibayan ng Orhinal
Titulo Blg. P-210018 of the Register of Deeds for the Province of Kalinga, and
more particularly described as follows:

Lot No. 2087-A, Csd-2-05-002881-D (Portion of Lot No. 2087, Pls-


93) Equals Lot No. 15862, Pls-93

Beginning at a point marked “1” of Lot No. 2087-A, Csd-2-05-


002881-D (Portion of Lot No. 2087, Pls-93) Equals Lot No. 15862,
Pls-93, being S. 10-15 W., 507.16 m. from BLLM No. 40, Pls-93,
Laya Public Land Subdivision, thence
N. 15 – 58 W., 10.50 m. to point 2; N. 74-02E., 29.71 m. to point 3;
S. 15 – 58 E., 10.50 m. to point 4; S. 74 – 02 W., 29.71 m. to point
1;
point of beginning.

Containing an area of THREE HUNDRED TWELVE (312)


SQUARE METERS.
xxx…

Bounded on the S., along line 4-1, by Lot No. 2086, Pls-93,
on the W and N, along lines 1-2-3 by Lot No. 2087-B, Csd-2-05-
002881-D, and on the E, along line 3-4, by Road (20.00 m. wide).

WHEREAS, the parties hereto are the sole and only heirs of the decedent,
they being the spouse and children of the decedent, respectively;

WHEREAS, there are no known debts or obligations due against the


estate of said decedent; and

WHEREAS, is it to be the best interests of the parties hereto to divide and


partition and adjudicate among themselves the entire estate extrajudicially, in the
form and manner hereinafter set forth;
Extrajudicial Settlement w/ Simultaneous Donation & Sale…
Page 2 of 4
x-------------------------------x

NOW, THEREFORE, for and in consideration of the premises, and


invoking the provisions of Rule 74, Section 1, of the Rules of Court, the parties
hereto do by these presents agree to divide and partition the entire estate above-
described, adjudicating, as they do hereby adjudicate, the same to and among
themselves in PRO INDIVISO equal shares, subject however, to the liabilities
imposed by Rule 74, Section 4, of the Rules of Court, in favor of any other
possible heirs, creditors, and other persons who might be deprived of their lawful
participation in the estate of the decedent, for a period of two years;

In the event that any other property of the decedent should later be found
which is not included hereinabove, the parties hereto further agree to distribute,
divide, and adjudicate, as they do hereby distribute, divide and adjudicate, the
same in like manner and proportion as herein established and disposed; and

BY WAY OF WAIVER / DONATION

We, ANTONIO LABO, SR, ANTONIO B. LABO, JR, and MITOS B. LABO,
for and in consideration of our LOVE and AFFECTION which we have for our
CO-HEIRS, IAN DEO B. LABO and ADAH B. LABO, do by these presents,
hereby WAIVE and QUITCLAIM our respective hereditary share in the estate of
the afore-named decedent unto our CO-HEIRS, IAN DEO B. LABO and ADAH B.
LABO;

ACCEPTANCE
We, IAN DEO B. LABO and ADAH B. LABO, do hereby accept this gifts
and donations given us by our CO-HEIRS, ANTONIO LABO, SR, ANTONIO B.
LABO, JR. and MITOS B. LABO and further express their sincerest appreciation
to the kindness and liberality of our CO-HEIRS/DONORS;

In order for the purpose of giving full effect to this donation/waiver, the
donors have reserved for themselves in full ownership other properties sufficient
in a manner appropriate to support their needs;

PARTITION

That we, IAN DEO B. LABO and ADAH B. LABO, hereby partition our
proportionate shares including the shares donated to us of the above-described
property as follows:

To: SPOUSES IAN DEO B. LABO and MAI LANI V. LABO – the Western
portion of the aforedescribed property with an area of ONE HUNDRED EIGHTY
ONE (181) SQUARE METERS;

To: ADAH B. LABO – the Eastern portion of the aforedescribed property


with an area of ONE HUNDRED THIRTY ONE (131) SQUARE METERS;

BY WAY OF SIMULTANEOUS DEED OF SALE

That I, ADAH B. LABO, owner of the Eastern portion of the aforedescribed


property with an area of ONE HUNDRED THIRTY ONE (131) SQUARE
Extrajudicial Settlement w/ Simultaneous Donation & Sale…
Page 3 of 4
x-------------------------------x

METERS, for and in consideration of the sum of FIVE HUNDRED THOUSAND


PESOS (P500,000.00), Philippine Currency, to me in hand paid by MUNDIE G.
DELA CRUZ, likewise of legal age, single, Filipino and with residence address at
Bulanao, Tabuk, Kalinga, to my satisfaction, I do by these presents, TRANSFER,
CEDE and CONVEY by way of absolute sale to said Vendee, Mundie G. Dela
Cruz , her heirs and assigns, a portion of my property afore-described, free from
all liens and encumbrances, which portion more particularly described thus:

“An area of FIFTY SQUARE METERS (50 Sq. M.), more


or less. Bounded on the NORTH by Lot 1101, Pls-93, on
the EAST by Kabalinagan Creek, on the SOUTH and
WEST by remaining portion.”

IN WITNESS WHEREOF, we hereunto set our hands this _______ day of


___________________ 2004 at Tabuk, Kalinga, Philippines.

ANTONIO LABO, SR. ANTONIO B. LABO, JR. MITOS B. LABO


(Heir/Donor) (Heir /Donor) ( Heir/ Donor)

IAN DEO B. LABO ADAH B. LABO


(Heir/Donee) (Heir /Donee/Vendor)

MUNDIE G. DELA CRUZ


(Vendee of portion of property of ADAH B. LABO)

Signed in the presence of:

__________________________ ____________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPINES )


DONE AT: TABUK, KALINGA ) S.S.
x-------------------------x
BEFORE ME, this _________ day of ____________ 2002, at Tabuk,
Kalinga, Philippines, personally appeared the parties with their Community Tax
Certificates, the data contained therein appeared below their names and
signatures, known to me and to me known to be the same persons who caused
the execution of the foregoing instrument, and acknowledged to me that the
same are their free act and voluntary deed of the parties.
This instrument consisting of three (3) pages including the page whereon
this acknowledgement and written, has been signed by the parties and their
witnesses on every page hereof and pertains to an Extrajudicial Settlement of
Estate Among Heirs with Simultaneous Donation.

WITNESS MY HAND AND NOTARIAL SEAL.


Doc. No. ________
Page No. ________
Book No. _____
Extrajudicial Settlement w/ Simultaneous Donation & Sale…
Page 4 of 4
x-------------------------------x

Series of 2004

You might also like