By Carla Calleja, MBA, REB
Isa sa pinakamadalas itanong sa akin: “Broker Carla, my brother sold our inherited lot without us. Is that sale valid?”
The story
Aling Rosa and her three siblings inherited their parents’ lot in Batangas. Nobody had settled the estate yet. One day a stranger came to the gate with a deed of sale. Kuya Nestor, the eldest, had sold the lot, signed alone, and pocketed the money. The buyer now says, “Akin na ang buong lote.”
Is he right? Do the other siblings lose their shares? (This is a dramatization. The names are fictional.)
The short answer
The sale is valid, but only for Kuya Nestor’s own share. It does not touch the shares of the siblings who did not consent. The buyer simply takes Kuya’s place as a co-owner. The usual remedy is partition, not a case to cancel the whole sale. And if you act fast, you may be able to buy back his share through legal redemption.
Why: heirs are co-owners
Under the Civil Code (Art. 1078), when there are two or more heirs, the whole estate is owned in common by them until it is partitioned. So before the estate is settled and divided, every heir owns an undivided share of the whole lot, not a specific corner of it.
Article 493 of the Civil Code then says: “Each co-owner shall have the full ownership of his part … and he may therefore alienate, assign or mortgage it.” But “the effect of the alienation or the mortgage, with respect to the co-owners, shall be limited to the portion which may be allotted to him in the division upon the termination of the co-ownership.”
In plain words: a co-owner can sell his own share without asking the others. He cannot sell your share.
What the Supreme Court says
In Reyes v. Spouses Garcia, G.R. No. 225159, March 21, 2022 (Second Division), an unregistered 463-sqm lot in Taguig passed to nine children. Part of it stayed undivided. In 1989 one heir, Isidoro, sold his share to the Garcia spouses. Another heir’s son sued to annul the sale, arguing Isidoro did not own the land outright.
The Court denied the petition. It held that a co-owner’s sale is not void. It affects only the seller’s share and does not bind the co-owners who did not consent. The buyers became co-owners in the seller’s place. The proper remedy was an action for partition under Rule 69 of the Rules of Court, not nullification of the sale or recovery of the property from the buyer.
The Court said the same thing earlier in Torres v. Lapinid, G.R. No. 187987, November 26, 2014: even when a co-owner sells a definite portion before partition, the sale is valid, but what the buyer gets is only the seller’s proportionate share, “subject to the results of the partition.”
Your options, step by step
- Get the documents. A certified true copy of the title from the Registry of Deeds (or the tax declaration from the Assessor’s Office if the land is untitled), plus a copy of the deed of sale.
- Check the deed. Does it say only Kuya sold, or does it show signatures of heirs who never signed? A forged signature is a different and more serious problem. See a lawyer right away.
- Note when you got WRITTEN notice of the sale. Under Arts. 1620 and 1623 of the Civil Code, a co-owner may redeem a share sold to a third person, but only within 30 days from written notice by the seller. If the price was grossly excessive, you pay only a reasonable one.
- Talk first. If you and the other party live in the same city or municipality, barangay conciliation (Katarungang Pambarangay) generally comes before a court case. Many families settle here: the buyer may agree to sell back, or everyone may agree on who gets which portion.
- No deal? File for partition. Any co-owner may demand partition at any time for his share (Art. 494). With a lawyer, you can file an action for partition so each share, including the buyer’s, is identified.
- Settle the estate. To transfer titles to each heir, you will still need an extrajudicial (or judicial) settlement and the estate tax clearance from the BIR. See my guide on getting your rightful share of Lola’s property.
What this means for you
- Heir or co-owner: your share is safe even if a sibling sold without you. Don’t panic, but don’t sit on it either: the 30-day redemption window starts from written notice.
- Buyer: buying from only one heir means you buy a share in a co-owned property, plus a possible partition case. Ask for all heirs’ signatures or a settled estate before you pay.
- Seller: if you want to sell your share, give the other co-owners written notice. They have a right to redeem it.
Documents to prepare: death certificates of the parents, proof of relationship (birth certificates), the title or tax declaration, the deed of sale, any written notice you received, and tax receipts.
FAQ
Can a co-owner sell his share without our consent?
Yes. Art. 493 lets him sell his undivided share. He cannot sell yours.
Can we cancel the whole sale?
Generally no. The Supreme Court in Reyes v. Garcia said the proper remedy is partition, not annulment, because the sale is valid as to the seller’s share.
Can the buyer fence off a specific part of the lot?
Before partition, the buyer owns only an undivided share, not a specific portion. Which part goes to him is decided in the partition.
How long do we have to buy back the share?
Thirty days from written notice of the sale from the seller (Art. 1623).
What if the deed shows our signatures but we never signed?
That’s forgery, which is a different issue from Art. 493. Consult a lawyer immediately.
Ask Broker Carla
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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.
