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Form
No. 5--Declaration of Heirship with SPA to Sell
the Property Adjudicated
(Declaration of
Heirship with SPA to Sell the Property Adjudicated)
DECLARATION OF HEIRSHIP
WITH SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That we,
_____________, widow;
_____________ and _____________, all
of legal age, Filipinos, and residents of
_____________, Philippines, hereby declare:
1. That _____________
(our father) and _____________ (our
mother) were legally married and begot by reason of said union,
_____________ and
_____________, both of whom are
legitimate children;
2. That our father
_____________ died on _____________
at _____________, Philippines and
that at the time of his death, he was survived by his wife
_____________ and all the above
named legitimate children. He died INTESTATE and had no known
creditors nor left any debts;
3. During his lifetime, the spouses, the late
_____________ and our mother
_____________, acquired a certain
parcel of land described as follows:
(Technical Description of Property)
4. That pursuant to the provisions of Section 1
of Rule 74 of the Revised Rules of Court of the Philippines and by
virtue of our laws on INTESTATE SUCCESSION, we, the surviving spouse
_____________, and the children,
namely, _____________ and
_____________, do hereby adjudicate
unto ourselves OWNERSHIP, TITLE and INTERESTS over said parcels of
land, excluding any other person or persons not herein mentioned.
5. Further, we,
_____________ and _____________
all surnamed _____________, have
named, constituted and appointed and by these presents, do hereby
name, constitute and appoint our mother,
_____________ as our own, true and lawful ATTORNEY-IN-FACT,
for us and in our name, place and stead to SELL, TRANSFER,
and CONVEY, under such terms and conditions and for such
price as she may deem fit and which she believes is beneficial and
advantageous to us, to whomsoever may buy or purchase the
above-mentioned parcels of land of which we are co-owners;
6. That she shall have full power and authority
to act for and in our behalf, and to bind us on any action or
undertaking she may pursue, or agreements she may conclude, and for
her to consummate the transfer and conveyance of the property and
execute the requisite documents and/or instruments conveying such
property as may be required, for and in our name;
7. HEREBY GIVING AND GRANTING unto said
Attorney-in-Fact full power and authority to do and perform all and
every act or things requisite or necessary which may be required or
necessary to be done in and about the premises to carry into effect
the foregoing authority to sell, as fully to all intents and
purposes as we might or could lawfully do if personally present and
hereby RATIFYING and CONFORMING all that our attorney-in-fact shall
lawfully do or cause to be done under and by virtue of these
presents.
IN WITNESS WHEREOF, we have
hereunto set our hands this _____________
at _____________, Philippines.
(SIGNATURE OF HEIRS)
SIGNED IN THE PRESENCE OF:
__________________ __________________
(ACKNOWLEDGMENT)
Form No. 1--Last
Will and Testament
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