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Complaint For Judicial Partition

The document is a complaint for judicial partition filed in a Philippine court. It requests that the court partition real estate inherited by the plaintiff and defendant from their deceased parents, as the defendant has refused the plaintiff's requests to do so amicably.

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40 views2 pages

Complaint For Judicial Partition

The document is a complaint for judicial partition filed in a Philippine court. It requests that the court partition real estate inherited by the plaintiff and defendant from their deceased parents, as the defendant has refused the plaintiff's requests to do so amicably.

Uploaded by

rj.improgo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH ____
CALAMBA CITY

XXX SPEC. PRO. NO. _______


-PLAINTIFF
VS.

XXX
DEFENDANT/S.

X--------------------------------------------------X

COMPLAINT FOR JUDICIAL PARTITION

(The purpose of this complaint is to ask for the court to settle the
estate of the deceased judicially in case the parties fail to
amicablysettle the distribution of such estate extrajudicially.)

COMES NOW the plaintiff by the undersigned attorney, and


unto this Honorable Court, respectfully avers:

1. That the plaintiff and the defendant are both of legal age,
and residents of ________________________;

2. That the said parties are co-owners, by virtue of intestate


inheritance from their deceased parents, of certain real properties
located in ___________________________, more particularly described
as follows, to wit:

“A parcel of land equivalent to ____________________more or less,


which is situated __________________with TCT No. __________
issued by the Registry of Deeds of ___________________.”

(list all properties)

3. That the plaintiff desires that the above real estate be


partitioned between the plaintiff and the defendants;

4. That the Plaintiff desires that the above real estates be


partitioned between the parties;That the Plaintiff has requested
from the Defendants for the accounting of the income and the fruits
of the estate as well as the amicable partition by mutual agreement
of the above- described properties/ real estate but the said
defendants vehemently refused, a copy of the Certificate to File
Action is herewith attached as Annex “__”;That the Defendants have
long enjoyed their respective shares out of the estate without giving
to the Plaintiff his rightful share as a compulsory heir; That the
plaintiff has requested of the defendant that the above-described

1
real estate be amicably partitioned between them by mutual
agreement, but the said defendant refused and continues to refuse
to do so.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable


Court:

(a) That, after due hearing, the partition of the above-described


real estate be ordered between the plaintiff and the
defendant, share and share alike;

(b) That the costs and expenses of these proceedings be taxed


solely against the defendant.

SUBSCRIBED AND SWORN to before me this


_________________ at ___________________, Philippines.

ATTY. _________________________
IBP NO.
PTR NO.
ROLL ATTORNEY NO.
MCLE Comp. No. VII-

Copy furnished:

xxx

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