Dear Atty. Peachy,

My parents passed away several years ago and left behind a residential property in Laguna. The title remains in my mother's name because our family has not yet completed the settlement of her estate. My 2 brothers and I are occupying different portions of the property.

Recently, I learned that one of my brothers signed a deed of sale covering the entire property in favor of a third party. He claims that since he is an heir, he has the right to sell the land. The buyer has started visiting the property and is insisting that he now owns everything. I never consented to the sale, nor did my other brother. Can one heir legally sell the entire inherited property without the agreement of the others? What remedies do we have?

Thomas

Dear Thomas,

Based on the facts you provided, your brother cannot validly sell the entire inherited property by himself. Under Philippine law, when a property is inherited by several heirs, a co-ownership generally exists among them before partition. Article 493 of the Civil Code allows a co-owner to sell, assign, or mortgage only his ideal or undivided share in the property. However, he cannot unilaterally dispose of the shares belonging to the other co-owners. The Supreme Court has consistently held that a co-owner may transfer only the rights that belong to him. Any purported sale of the entire property without the consent of the other co-owners is effective only insofar as the seller's undivided share is concerned. The buyer merely steps into the seller's position as a co-owner and does not automatically acquire ownership of the whole property.

In short, your brother's status as an heir does not give him the authority to dispose of the entire inherited property. At most, he may convey whatever hereditary rights or undivided share may ultimately be adjudicated to him. The buyer cannot acquire greater rights than those your brother legally possessed.

As to your remedies, you and the other non-consenting heir may consider: (1) challenging the sale insofar as it affects your shares; (2) seeking the cancellation or correction of any title issued beyond the seller's lawful interest; (3) instituting an action for partition so that the respective shares of the heirs may be clearly determined; and (4) protecting possession of the property if the buyer attempts to exclude co-heirs from areas they lawfully occupy.

Atty. Peachy Selda-Gregorio