This document is a public deed of partition and adjudication of a hereditary community. Divides a property between three heirs in equal shares. The property is subdivided into two lots and one of the lots is awarded to one of the heirs for a value of $10 million, thus settling her hereditary assets.
Original Description:
This document is a public deed of partition and adjudication of a hereditary community. Divides a property between three heirs in equal shares. The property is subdivided into two lots and one of the lots is awarded to one of the heirs for a value of $10 million, thus settling her hereditary assets.
This document is a public deed of partition and adjudication of a hereditary community. Divides a property between three heirs in equal shares. The property is subdivided into two lots and one of the lots is awarded to one of the heirs for a value of $10 million, thus settling her hereditary assets.
This document is a public deed of partition and adjudication of a hereditary community. Divides a property between three heirs in equal shares. The property is subdivided into two lots and one of the lots is awarded to one of the heirs for a value of $10 million, thus settling her hereditary assets.
COMMUNITY PUBLIC DEED OF PARTITION AND ADJUDICATION.
In Quillota, Republic of Chile, at ……. January 2009,
before me, …………………………., Lawyer and Principal Notary Public of the Judicial Department of Quillota, with address at Pudeto Street N°398, Quillota, appear: Mrs. …………… …………. , Chilean, employee, CNI and RUT N°………………….., domiciled at Petorquita street N°….., Hijuela, passing through this one; Mrs. ………………………….. , Chilean, profession......, single, CNI and RUT N°…………….., domiciled in street N°......, Quillota; and Mr. ……………………………………… , Chilean, profession……, single, CNI No. ………………, domiciled in …………………; the adults appearing, whom I know because they have proven their identities to me with their identification cards already written down, and they state:
FIRST: The appearing parties are the only ones
interested in the division of the assets left upon the death of Mr. ………………………. , from his spouse Mrs. ………………………. and Mrs. ………………………….. . As there are no prior issues to resolve, and they agree on the way to carry out the division, by this act and in accordance with the provisions of article 1,325 of the Civil Code, they proceed to practice it, in accordance with the following stipulations.
SECOND : BACKGROUND . The appearing parties declare
that on date…. On March 1978, in La Calera, the place of his last residence, his mother and grandmother, respectively, Mrs. Julia del Carmen Cordova Herrera, died. That on January 9, 1980, his father and grandfather, Mr. …………………………, died in Valparaíso, with his last address being in Hijuelas. And that, on September 18 of the year …………., in Quillota, his last address being in the commune of Hijuelas, his sister and aunt died, respectively, ……………... This is evidenced by an effective possession order issued dated …….. of August of the year 200.., by the Court of Letters of La Calera, registering on page …… No. 613 in the Property Registry of the year 200. of the Conservator of Real Estate of La Calera, in whose margin are noted a resolution of the same court dated June 11, 2000, which declared such assignments exempt from payment of inheritance tax. Likewise, it is stated in such resolution that the heirs of ……………………………….., of ………………………., and of …………………………… ….., we are the appearing parties, Mrs. …………………………………., in her capacity as legitimate daughter of Mrs. ………………………. and Mr. ……………………………., and legitimate sister of …………………………….. For her part, Mrs. ………………………. and Mr. …………………………., by right of transfer from his father …………………………….., who died on August 26, 1993, in both successions. THIRD: The simple inventory of the assets left upon the death of Mrs. ………………………., Mr. ………………………………., and Mrs. ………………… ……, was formalized on September 10, 200……, in the Notary Office of Mr. Jaime Morandé Orrego, in the city of Santiago. FOURTH: The common body of assets left upon the death of the deceased is made up of the real estate located in the province of Quillota, Commune of Hijuelas, Petorquita sector, Petorquita street corner of …………………… street, today Petorquita Street No. ………….., which has the following boundaries: To the North, with Gregorio Valenzuela; To the south, with Petorquita street; To the East, with the People of the American Union; and to the West, with property that belonged to Don Adolfo Suarez. The special inheritance registration is on page 1,509, return No. 614 of the Property Registry of the year ……. at the Real Estate Conservator of La Calera. Mr. Luis Segundo Pereda Torrijo acquired his rights over the property in the following manner: A.- By virtue of the mode of succession due to death, upon the death of his parents Mr. …………………………. and Mrs. ……………………… as evidenced by the order of effective possession issued on date……. of June 1969, by the Court of Letters of La Calera, registered on pages ……. return, No. 1,453 in the Property Registry of the year 196.. of the Registrar of Real Estate of Quillota, in whose margin are noted resolution of the same court dated…. of March 19…, which declared such assignments exempt from payment of inheritance tax. The special inheritance registration is on page …… No. ….. from the property registry of the year 1969 of the Registrar of Real Estate of Quillota. The aforementioned effective possession is re-registered on pages ……. No.... in the Registry corresponding to the year ... and the special inheritance registration, re- registered on page …… No. 1,687 in the Property Registry corresponding to the year ……, both from the Registrar of Real Estate of La Calera. B.- By transfer of rights of Mr. Benedicto Segundo Pereda Torrijos, carried out by public deed dated…. of October of the year ………, granted before the Notary Public of Quillota, Mr. Miguel Varas Espejo, registered on pages ………. No. 1723 in the Property Registry of the year …… of the Real Estate Registrar of Quillota. C By transfer of rights of Mrs. ……………………………, carried out by public deed dated…. November 1970, registered on pages ……. No. 3,127 in the Property Registry of the year….. of the Quillota Real Estate Conservator. D.- By transfer of rights of Mrs. …………….., carried out by public deed dated ….. March of the year ……., before the Notary Public of Quillota, Mr. Miguel Varas Espejo, registered on pages …… vta. No. 549 in the Property Registry of the year …… of the Real Estate Registrar of Quillota. For its part, the rights of Mrs. ………………………. Herrera, who predeceased his spouse Mr. …………………………., was constituted by the transfers of rights made by his spouse over the aforementioned real estate. And, finally Mrs. ……………………… as heir to her parents Mr. ………………… and Mrs. …………………………. FIFTH: In accordance with the provisions of article 657 of the Code of Civil Procedure, the appearing parties, unanimously, agree to appraise the real estate that makes up the Common Body of property, identified in the previous clause, in the sum of $20,000,000. For such appraisal, the interested parties have taken into consideration the current appraisals determined by the Internal Revenue Service for the purposes of paying land tax, its location, state of conservation and destination, as well as the commercial appreciation that the property has. as of today, according to an estimate made by third parties, which, since it is known to the parties, they agree not to insert. SIXTH: Consequently, the Common Body of assets totals the amount of $20,000,000 (twenty million pesos). SEVENTH: The appearing parties declare that there are no pending issues regarding the existence and determination of General Deletions of both inheritances, as these have been paid with the civil fruits of the property, therefore, the dividable liquid asset corresponds to the sum of $20,000 ,000, which must be distributed among those appearing in the following manner: A.- 50% for Mrs. …………………………...- B.- 25% for Mrs. …………… ………..; C.- 25% for Mr. Luis Alfredo Pereda Peña; all of this in accordance with the provisions of articles 984, 988 and 991 of the Civil Code. EIGHTH: The appearing parties declare that there are no fruits to distribute because they have been destined to pay the general losses of the inheritance.
NINTH: The appearing parties,
for the purposes of the term of this community, have proceeded to subdivide the property identified in the fourth clause of this deed, as recorded in the Subdivision Plan approved by the Works Directorate of the I. Municipality of Hijuelas with date ….. of May 2008, added to the end of the Registry of Property Documents of the year 2008, under No. ………., in the Real Estate Registrar of La Calera. In accordance with said Plan, the property was subdivided into two lots, namely: LOT ONE: With an approximate area of 2,180.12 square meters and the following boundaries and particular measurements: NORTH, in section EG, of 37.94 meters with current succession José Valenzuela Bernal; SOUTH, in section AF, of 45.51 meters, with Petorquita street; EAST, in section FG, of 54.73 meters with Lot two, resulting from this subdivision; PONIENTE, in section AE, 51.44 meters, with Don Edmundo Huerta Maulén. Appraisal Roll 28-4 of the Commune of Hijuelas- LOT TWO: With an approximate area of 1,172.87 square meters and the following boundaries and particular measurements: NORTH, in section GD, of 22.00 with current José Valenzuela Bernal Succession; SOUTH, in section FB, of 20.25 meters, with Petorquita street; SOUTH-EAST, section BC, 4.00 meters with the intersection of Petorquita and Unión Americana streets; EAST, in section CD, of 52.49 meters, with Unión Americana street; PONIENTE, in section FG, of 54.73 meters with Lot One of this subdivision. Appraisal role 28-15, from the Commune of Hijuelas. TENTH: The daughters corresponding to the heirs are informed in the following way:
ELEVENTH: DOÑA'S DAUGHTER
…………………………….. There must be due to her status as heir to her parents Mrs. ……………………………… and Mr. …………………., and intestate heir to her sister Mrs. ………………… ……….., the sum of $10,000,000 (ten million pesos), which is disclosed to you: a) Awarding you, for the value of $10,000,000, LOT NUMBER TWO of the subdivision of the real estate located in the Province of Quillota, current Petorquita street No.……….., of the Commune of Hijuelas, which is described and individualized in the ninth clause of this instrument; amount at which said lot has been valued, taking into account that there is a residential house in it. Mrs.'s assets are known…………………...
TWELFTH: DAUGHTER OF DOÑA
……………………….. AND DAUGHTER ………………………………... There must be, together, the sum of $10,000,0000 (TEN MILLION PESOS), which corresponds to them, in accordance with the right of transmission, by their legitimate father Mr. ……………., in the inheritances of their grandparents Mrs. … ………………. and Mr. ……………….., and his aunt Mrs. ……………….. They are informed, awarding them in equal parts and for the value of $10,000,000, LOT NUMBER ONE of the subdivision of the real property located in the Province of Quillota, current Petorquita street No.……………., of the Commune of Hijuelas , which is described and individualized in the ninth clause of this instrument; amount at which said lot has been valued, taking into account that there are no buildings on it. Mrs. ……………………'s assets are known. and of gift ……………………... THIRTEENTH: The awards are made in the state in which the properties are currently located, with everything built and planted in them, with their uses, customs, active and passive easements, free of liens, embargoes, litigation, responding to the succession of sanitation action. FOURTEENTH: The appearing parties declare legally divided the assets left upon the deaths of Mrs. …………………………, Mr. ………………. and from Mrs. ……………………………., having received in full agreement the assets that have corresponded to them in this partition and that they are granted in this regard, reciprocally, the most complete settlement.
FIFTEENTH: The bearer of an authorized copy of
this deed is empowered to request the minutes, annotations, registrations, re-registrations and sub- registrations that may be necessary before the pertinent Registrar of Real Estate.