BINENTANG MANA NG HINDI ALAM NG IBANG KAPATID. PWEDE BANG IPAWALANG BISA?
Автор: Atty. Bueno (The Law & Beyond)
Загружено: 2026-03-09
Просмотров: 4275
Описание:
When a compulsory heir sells their share of an undivided inheritance without the consent of the others, they are technically selling an "Ideal Share" (or pro-indiviso share).
Here is the legal reality of that situation:
1. The Right to Sell "Abstract" Ownership
Under the law, a co-owner has full ownership of his specific part of the inheritance. This means he can sell his rights to a third party even without your permission. However, because the property is undivided, he cannot point to a specific room, corner, or hectare and say, "I am selling this spot."
He is only selling his right to a percentage of the whole.
2. The "Physical" Limitation
The buyer does not get the right to kick you out or take possession of a specific portion immediately. The buyer simply steps into the shoes of the selling heir. They become a new co-owner with the rest of the family. To get a specific physical portion, a formal Partition (legal division) must still occur.
3. Your Power: The Right of Legal Redemption
This is your "shield." When a co-owner sells their share to a stranger (someone not part of the co-ownership), the law gives the other heirs the right to buy it back from that stranger at the same price.
The Goal: To keep the family property within the family and avoid having a stranger as a co-owner.
The Deadline: In many jurisdictions (like the Philippines), you usually have 30 days from the time you are notified in writing by the seller to exercise this right.
4. The "Specific Portion" Trap
If the heir tried to sell a specific, subdivided lot (e.g., "Lot A") before a legal partition was signed by everyone, that specific sale is generally considered void or ineffective regarding that specific spot. The buyer only acquires the "ideal share" that the heir was actually entitled to.
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