This case has been cited 2 times or more.
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2014-10-08 |
BERSAMIN, J. |
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| Even if an heir's right in the estate of the decedent has not yet been fully settled and partitioned and is thus merely inchoate, Article 493[25] of the Civil Code gives the heir the right to exercise acts of ownership. Accordingly, when Eliseo sold the disputed property to the respondent in 1990 and 1991, he was only a co-owner along with his siblings, and could sell only that portion that would be allotted to him upon the termination of the co-ownership. The sale did not vest ownership of the disputed property in the respondent but transferred only the seller's pro indiviso share to him, consequently making him, as the buyer, a co-owner of the disputed property until it is partitioned.[26] | |||||