Petitioner
Donato S. Paulmitan
Respondent
Court of Appeals
Citation
G.R. No. 61584
Court
Supreme Court
Division
Third Division
Ponente
Romero, J.
Decided
November 25, 1992

Summary

This case involves a partition suit among heirs of Agatona Sagario Paulmitan who died intestate in 1953. Her son Donato claimed to be the sole heir and obtained title to one lot while selling another to his daughter Juliana. The other son Pascual's children contested this, claiming their inheritance rights. The Supreme Court affirmed that when co-owners exist in inherited property, a sale by one co-owner only transfers his undivided share, making the buyer a co-owner with the others. Similarly, redemption of tax-forfeited property by one co-owner does not give exclusive ownership but only creates a right to reimbursement. The decision reinforced fundamental principles of co-ownership and succession under the Civil Code, emphasizing that co-ownership persists until proper partition and that individual acts by co-owners cannot prejudice others' legitimate shares in inherited property.

Statutes applied

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By the Intellegal Editorial Board · November 25, 1992

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