Petitioner
Bernarda Aliasas
Respondent
Pedro Alcantara
Citation
G.R. No. 5628
Court
Supreme Court
Division
First Division
Ponente
Torres, J.
Decided
August 22, 1910

Summary

This case involved a property dispute over inherited land in La Laguna Province. When Doroteo Alinea died in 1899, his property became co-owned by his widow Bernarda Aliasas and four children as undivided inheritance. One heir, Ambrosio Alinea, sold the entire property to Pedro Alcantara for 480 pesos without consent from his co-heirs. The Supreme Court affirmed that Ambrosio could only validly dispose of his one-eighth share, declaring the sale null and void as to the remaining seven-eighths belonging to his co-heirs. The decision established important principles regarding co-ownership of inherited property, emphasizing that succession rights transmit immediately upon death and that legal partition is required before exclusive disposal of inherited property. The case demonstrates protection of co-heirs' rights against unauthorized disposition by individual heirs.

Statutes applied

By Intellegal Editorial Board · August 22, 1910

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