By Carla Calleja, MBA, REB
The story: “Binenta ni Kuya ang lupang mana”
Aling Rosa passed away and left one lot in Batangas to her four children. Nobody ever divided it. There was no partition, no subdivision plan — just a family understanding of who “owned” which corner. Then one day, Kuya Ben sold the “front portion” to a buyer from town. His siblings never signed anything. Now the buyer is putting up a fence, and the family is asking: Is that sale even valid? Can he do that without us?
(This is a dramatization with fictional names. The legal principle comes from the Civil Code and an actual Supreme Court decision, explained below.)
The short answer
Yes, a co-owner can sell without the others’ consent — but only his own share. The sale is not automatically void. It is valid up to the seller’s ideal (undivided) share, and the buyer simply becomes a co-owner in his place. Kuya Ben cannot sell his siblings’ shares, and the buyer does not become the sole owner of the “front portion” just because the deed says so.
The full explanation
1. Before partition, heirs are co-owners
Under Article 1078 of the Civil Code, when there are two or more heirs, the whole estate is owned in common by them before it is partitioned. Each heir owns a share of the whole property — not a specific corner of it.
2. Each co-owner may sell his part
Article 493 of the Civil Code provides that each co-owner has full ownership of his part and “may therefore alienate, assign or mortgage it.” But the effect of the sale, with respect to the other co-owners, “shall be limited to the portion which may be allotted to him in the division upon the termination of the co-ownership.”
3. What the Supreme Court ruled
In Spouses Del Campo v. Court of Appeals, G.R. No. 108228, February 1, 2001, eight siblings co-owned a lot in Capiz under one original certificate of title. In 1940, one sister sold a portion of her share, described by metes and bounds, to a buyer — even though the lot had never been partitioned. Decades later, the buyers’ successors went to court when a later purchaser had the lot subdivided and titled a portion that included the area they had long possessed.
The Supreme Court held that a co-owner’s sale of a definite portion before partition is not void. It is given effect to the extent of the seller’s share, and “the vendee steps into the shoes of the vendor as co-owner.” The Court ordered a survey to determine each party’s portion, cancelled the later title covering the disputed area and directed the issuance of a new one based on the survey. The Court also noted that the buyers’ long, undisturbed possession of their portion had effectively worked as a partial partition.
4. Your right to buy back the share
When a co-owner sells his share to a stranger, the other co-owners have a right of legal redemption under Article 1620 of the Civil Code. Under Article 1623, this must be exercised within 30 days from written notice of the sale by the seller. This is how families can keep outsiders from becoming co-owners.
What this means for you
- Your share stays yours. A sibling cannot sell what belongs to you.
- The buyer becomes your co-owner, not the sole owner of the portion described in the deed.
- Partition decides who gets which portion. Until then, nobody owns a specific corner.
- Act fast if you want to redeem. The 30-day redemption period runs from written notice.
Documents to check
- The title (OCT/TCT) and its annotations at the Registry of Deeds
- Any extrajudicial settlement or partition already executed
- The tax declaration and real property tax receipts
- The deed of sale your sibling signed, and whether it was notarized and registered
- Any survey or subdivision plan
FAQ
Is the sale void if the other heirs didn’t sign?
Generally, no. It is valid as to the seller’s share and ineffective as to the shares of the co-owners who did not consent.
What if my sibling sold the entire lot?
The sale binds only his share. The buyer acquires his rights as co-owner. The other heirs keep their shares and may go to court to protect them, for example through partition.
Can we stop a stranger from becoming our co-owner?
You may exercise legal redemption under Article 1620 within 30 days from written notice of the sale (Article 1623).
Do we need to settle the estate first?
To transfer the title into the heirs’ names, the estate is usually settled first (for example through an extrajudicial settlement) and estate tax is paid with the BIR. A properly documented partition prevents exactly this kind of dispute.
Ask Broker Carla
Got a land or inheritance question? Comment MANA on my post, message me on Facebook at facebook.com/carlacallejabrokerphilippines, or email buyrentph@gmail.com. I answer one public question every week.
Carla Calleja, MBA, REB · PRC License 0021912 · DHSUD Accred. No. 0024330. The images are AI-generated illustrations / dramatizations.
This article is for general information only and is not legal or tax advice. For your specific situation, consult a lawyer or a licensed professional.
