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COMPLAINT
COMES NOW the plaintiff by the undersigned attorney, and unto this Honorable Court, respectfully avers:
1. That the plaintiff and the defendant are of both 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:
(Description of the estate of which partition is demanded)
3. That the plaintiff desires that the above real estate be partitioned between the plaintiff and the defendant;
4. That the plaintiff has requested of the defendant that the above-described real estate be amicably partitioned between them by mutual agreement, but the said defendant refused and continues to refuse to do so.
WHEREFORE, it is respectfully prayed:
(a) That, after due hearing, the partition of the above-described real estate be ordered between the palintiff and the defendant, share and share alike;
(b) That the costs and expenses of these proceedings be taxed solely against the defendant.
6. That the defendant has also agreed in the mortgage contract that should the plaintiff foreclose te mortgage, the latter is entitled to receive the further sum of _____% of the total amount due as attorney's fees, expenses and costs;
7. That there are no other persons having or claiming an interest in te mortgaged property;
Makati City, _____________, 2004.
Counsel for the Plaintiff
(Address, IBP and Roll No.)
VERIFICATION AND JURAT
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