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- Category: Philippines Legal Form
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(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: