EJS With Waiver - Sample

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EXTRA-JUDICIAL SETTLEMENT OF ESTATE WITH

WAIVER/ASSIGNMENT OF RIGHTS

WE,

___________________, of legal age, Filipino, married/single, and with address at


____________________; and,

___________________, of legal age, Filipino, married/single, and with address at


____________________.

Hereinafter referred to individually as each “Heir” and collectively as the “Heirs.”

-WITNESSETH, THAT-

1. We are the legitimate and sole heirs of the deceased


_____________________ who, in his lifetime, was the owner of that parcel of land
covered by Transfer Certificate of Title No. _____________ and declared under Tax
Declaration No. ___________ copies of which are hereto attached as Annexes “A”
and “B” and made integral parts hereof.

2. ________________ passed away intestate, without any Last Will or


Testament, and without any outstanding debts or accounts;

3. The above-described property is not tenanted and does not come


within the operation of the Comprehensive Agrarian Reform Program;

4. Pursuant to Section 1 of Rule 74 of the Revised Rules of Court of the


Philippines, and all of us being with full capacity to contract, we do hereby
adjudicate unto ourselves the undivided portion of the property owned by the
deceased as described above, in equal shares pro indiviso;

WAIVER

5. I, ______________________, in consideration of my love and concern


for my brother who currently resides in the property, do hereby WAIVE and/or
ASSIGN all my title, rights, interests, and participation in the above-described
property in favor of my brother, ___________, who is in any case, co-owner thereof.

IN WITNESS WHEREOF, we have hereunto set our hands, this


_____________ at _____________, Philippines.

The HEIRS
The HEIRS OF _____________________

___________________________ ___________________________
ID No. _______________________ ID No. _______________________

SIGNED IN THE PRESENCE OF:


_______________________________ _______________________________

REPUBLIC OF THE PHILIPPINES )


Province of ) SS.
City/Municipality of )

ACKNOWLEDGMENT

BEFORE ME, on ______________________, 2018, personally appeared the


above-named parties, exhibiting to me competent evidence of their identity as
above-indicated, known to me to be the same persons who executed the foregoing
Extra-Judicial Settlement of Estate with Waiver and who acknowledged to me that
the same is their free and voluntary act and deed.

The instrument to which this Acknowledgement refers consists of two (2)


pages including the page on which this Acknowledgement is written and signed on
every page thereof by the parties concerned and their witnesses.

WITNESS my hand and seal on the date and in the place first above-stated.

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of 2018.

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