SALE OF AN INHERITANCE | EXTRAJUDICIAL SETTLEMENT OF ESTATE / AFFIDAVIT OF SELF-ADJUDICATION W/ SALE

Ano ang Deed of Extrajudicial Settlement of Estate with Sale?
Ano ang Affidavit of Self-Adjudication with Sale?
Saan ginagamit ang Deed of Extrajudicial Settlement of Estate with Sale?
Maaari bang ihiwalay ang Deed of Sale sa Deed of Extrajudicial Settlement of Estate of a Deceased Person o Affidavit of Self-Adjudication?
Lupa at Bahay na MANA, kailan pwedeng ibenta?
Maaari bang ibenta ang MANA tulad ng bahay at lupa kahit hindi pa naipalipat ang titulo mula sa namayapang may-ari?
Pamanang lupa o bahay at lupa, pwede na bang ibenta agad?
Anu-ano ang mga requirements sa pagbenta ng mana tulad lupa o bahay at lupa?
Namanang properties, kailan pwede ibenta?
Safe ba bumili ng property na naipamana sa seller ngunit di pa naipalipat ang titulo?
Safe ba bumili ng property sa tagapagmana?
Kailan pwede ibenta ng tagapagmana ang mana tulad ng lupa o bahay at lupa?
Paano masigurong safe ang pagbili ng ari-arian tulad ng lupa o bahay at lupa?
Pamanang lupa, maaari bang bilhin sa tagapagmana? What are the requirements?
Anong dokumento ang kailangan sa pagbili ng pamanang property mula sa tagapagmana?
Kailan naisasalin ang pagmamay-ari ng property ng yumao o namatay sa kanyang mga tagapagmana?
Kailan naililipat ang ownership sa mga ari-arian o property ng yumao o namatay sa kanyang mga heirs o tagapagmana?
Paano hatiin ang mana o inheritance?
Paano hinahati ang mana o inheritance?
Paano ang pag subdivide ng mana o inheritance?
Paano hahatiin ang mana kung may last will and testament?
Maaari bang ibenta ang mana na hindi pa nahahati-hati?
Pwede bang ibenta o bilhin ang mana bago ang settlement of estate?
Pwede bang ibenta o bilhin ang share sa mana o inheritance kahit wala pang extrajudicial settlement of estate?
Pwede bang ibenta ang mana kahit wala pang probate ng will?
Pwede bang ibenta ang share sa mana o inheritance before the probate of the will?
What is an extrajudicial settlement of estate with sale?
Who may execute an extrajudicial settlement of estate with sale?
What is an affidavit if self-adjudication with sale?
Who may execute an affidavit of self-adjudication with sale?
Why is there for settlement of estate of a deceased person?
Can an heir sell his/her the property that he/she inherited?
When can you sell the property that you inherited?
When can I sell the land or house and lot that I inherited?
When can you sell an inheritance?
Is sale of an inheritance valid?
What documents are needed to sell the inherited property such as land or house and lot?
How to claim an inheritance?
How to divide the inheritance among the heirs? When there is a will? When there is no will?
What is succession?
What is inheritance?
Who are the heirs?
What is an intestate succession? What is a testate succession?
What to do when you want to sell your share in the inheritance?
Can I sell my share in the inheritance?
What is meant by co-heirs and co-owners? What is forced co-ownership?
What is meant by pro-indiviso or undivided shares?
Can an heir sell an undivided share in
the inheritance?

Tabasondra vs. Tolentino
G.R. No. 196403, December 07, 2016

“As enunciated by the Supreme Court in Alejandrino v. CA, et al.:

x x x Under a co-owners/tip, the ownership of an undivided thing or right belongs to different persons. Each co-owner of property which is held pro indiviso exercises his rights over the whole property and may use and enjoy the same with no other limitation than that he shall not injure the interests of his co-owners.
The underlying rationale is that until a division is made, the respective share of each cannot be determined and every co-owner exercises, together with his co-participants, joint ownership over the pro indiviso property, in addition to his use and enjoyment of the same.

Although the right of a heir over the property of the decedent is inchoate as long as the estate has not been fully settled and partitioned, the law allows a co-owner to exercise rights of ownership over such inchoate right. Thus, the Civil Code provides:

Art. 493. Each co-owner shall have the full ownership of his part and of the fruits and benefits pertaining thereto, and he may therefore alienate, assign or mortgage it, and even substitute another person in its enjoyment, except when personal rights are involved 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.

With respect to properties shared in common by virtue of inheritance, alienation of a pro indiviso portion thereof is specifically governed by Article 1088 that provides:

Art. 1088. Should any of the heirs sell his hereditary rights to a stranger before the partition, any or all of the co-heirs may be subrogated to the rights of the purchaser by reimbursing him for the price of the sale, provided they do so within the period of one month from the time they were notified in writing of the sale by the vendor.”