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    Affidavit of Adverse Claim

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    Michelle Ricaza-Acosta
    The affiant is filing a notice of adverse claim on a property covered by an original certificate of title. The affiant asserts that they are the sole surviving legal heir of their father, who passed away in 1976, leaving the property without a will. However, in 1985 a deed of extrajudicial settlement of estate with sale was executed pertaining to the estate, but the affiant and their stepmother did not sign it and it contains falsities. Based on the forged deed, another individual now possesses the original title and is processing a transfer of the property's title. Unless an adverse claim is annotated, the affiant is at risk of being deprived of their valid rights to the property.

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    Affidavit of Adverse Claim

    Uploaded by

    Michelle Ricaza-Acosta
    36K views3 pages
    The affiant is filing a notice of adverse claim on a property covered by an original certificate of title. The affiant asserts that they are the sole surviving legal heir of their father, who passed away in 1976, leaving the property without a will. However, in 1985 a deed of extrajudicial settlement of estate with sale was executed pertaining to the estate, but the affiant and their stepmother did not sign it and it contains falsities. Based on the forged deed, another individual now possesses the original title and is processing a transfer of the property's title. Unless an adverse claim is annotated, the affiant is at risk of being deprived of their valid rights to the property.

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    Affidavit of Adverse Claim

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    The affiant is filing a notice of adverse claim on a property covered by an original certificate of title. The affiant asserts that they are the sole surviving legal heir of their father, who passed away in 1976, leaving the property without a will. However, in 1985 a deed of extrajudicial settlement of estate with sale was executed pertaining to the estate, but the affiant and their stepmother did not sign it and it contains falsities. Based on the forged deed, another individual now possesses the original title and is processing a transfer of the property's title. Unless an adverse claim is annotated, the affiant is at risk of being deprived of their valid rights to the property.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    36K views3 pages

    Affidavit of Adverse Claim

    Uploaded by

    Michelle Ricaza-Acosta
    The affiant is filing a notice of adverse claim on a property covered by an original certificate of title. The affiant asserts that they are the sole surviving legal heir of their father, who passed away in 1976, leaving the property without a will. However, in 1985 a deed of extrajudicial settlement of estate with sale was executed pertaining to the estate, but the affiant and their stepmother did not sign it and it contains falsities. Based on the forged deed, another individual now possesses the original title and is processing a transfer of the property's title. Unless an adverse claim is annotated, the affiant is at risk of being deprived of their valid rights to the property.

    Copyright:

    © All Rights Reserved
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    The affidavit details a claim over a property registered under the name of the affiant's late father, as the affiant is alleging that he is the sole legal heir and that a deed being used to transfer the property is forged.

    The affiant is executing the affidavit to attest to the truthfulness of the allegations and to effect the annotation of an adverse claim on the original certificate of title for the property.

    The property being claimed is a 6.5742 hectare parcel of land located in Barrio ___________, covered by Original Certificate of Title No. _________.

    Republic of the Philippines)

    City of Puerto Princesa


    ) SS.
    AFFIDAVIT OF ADVERSE CLAIM

    I, ____________________, of legal age, Filipino and a resident of


    Barangay Bucana, El Nido, Palawan, after being duly sworn
    according to law, hereby depose and state that:
    1)
    I am filing a Notice of Adverse Claim on the property
    covered by Original Certificate of Title (OCT) No. _________
    Homestead Patent No. ________ of the Registry of Deeds of the
    Province of ________________.
    2)
    OCT No. __________, which is registered under the name
    of the late ___________, covers a real property (parcel of land) located
    at the Barrio of ___________, containing an area of 6.5742 hectares
    and which parcel of land is particularly described as follows:
    Original Certificate of Title
    No._______ .
    _____________________________________________.

    3)
    My father, _____________ is married to my mother,
    _____________. I am the only surviving legal heir of my father who
    died on 27 July 1976 at Brgy. Bucana, El Nido, Palawan, leaving the
    above-mentioned property, without any last will and testament. A
    copy of the Marriage Contract is hereto attached and marked as
    ANNEX A.
    4)
    My stepmother _______________ and I did not execute
    any DEED OF EXTRAJUDICIAL SETTLEMENT OF ESTATE WITH
    SALE (Deed) with a certain ______________ last 10 December 1985
    pertaining to the estate of my father. A copy of the said Deed of
    Extra-Judicial Settlement of Estate with Sale is hereto attached and
    marked as ANNEX B.
    5)
    The Deed is forged as I did not affix my signature in the
    assailed Deed and neither did my stepmother. There are also many
    falsities in the subject Deed, some of which are:

    Affidavit of Adverse Claim

    Page 1 of 3

    a. _________________
    6)
    On the basis of the forged Deed, ___________ was able to
    obtain the owners copy of the Original Certificate of Title from the
    Register of Deeds of Palawan.
    7)
    It was only in the year 2012 that I came to know of the
    existence of the subject property registered under my fathers name
    and I had no knowledge of the assailed Deed as I was only able to
    secure a copy of the subject Deed sometime in the year 2013.
    8)
    There is a great possibility that the title on the property
    will be transferred in the name of Ms. ________________ because she
    has in her possession the original owners copy thereof and I was
    informed that the same is now being processed with only the DENR
    Clearance Certificate as the only lacking requirement.
    9)
    Unless an adverse claim is annotated on the aforedescribed Original Certificate of Title, I am in danger of being
    deprived of my valid right over the subject property.
    10) I am executing this Affidavit for the purpose of attesting
    to the truthfulness and veracity of the foregoing allegations and to
    effect the annotation of the adverse claim in the original copy of OCT
    No. _______________.
    Further I sayeth naught.
    IN WITNESS WHEREOF I have hereunto set my hand this
    ______ day of January 2015 at Puerto Princesa City, Palawan,
    Philippines.

    ________________________
    Affiant

    SUBSCRIBED and SWORN to before me this ____ day of


    January 2015 at Puerto Princesa City, affiant exhibited to me his
    Voters I.D. No. ____________________, issued by the Commission on
    Elections.

    Affidavit of Adverse Claim

    Page 2 of 3

    NOTARY PUBLIC
    Doc. No._______
    Page No. ______
    Book No.______
    Series of 2015.

    Affidavit of Adverse Claim

    Page 3 of 3

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