Inheritance divided in equal shares

Dear PAO,

I would like to seek your assistance regarding the lot owned by my grandparents. They passed away without a will. They were survived by their 9 children including my father, the eldest child, who also passed away just last year. My late father was allowed by my grandparents to build a house in the said lot. We lived in that house for more than 40 years. The other children of my grandparents want to sell the land. But we don’t want to sell the lot where our house is built. Could it be possible that we just reimburse the other siblings of my late father for the lot in excess of the area which is supposed to be inherited by my father? What legal proceeding should we do to acquire legally our father’s share?

Yahgoe Dear Yahgoe,

Since, as mentioned in your letter there was no last will and testament left by your grandparents, their estate shall be divided among their heirs in accordance with the law on intestate succession ( Article 960 of the New Civil Code of the Philippines).

The property of your deceased grandparents shall be divided among their children. Since your father is already dead, you and your other siblings shall inherit from your grandparents by way of representation. It shall be divided in accordance with Articles 980 and 981 of New Civil Code of the Philippines as follows:

“Art. 980. The children of the deceased shall always inherit from him in their own right, dividing the inheritance in equal shares.

“Art. 981. Should children of the deceased and descendants of other children who are dead, survive, the former shall inherit in their own right, and the latter by right of representation.”

Likewise, the partition of the said property may be demanded at any time after the death of your grandparents and may be done in accordance with the following provisions of the New Civil Code of the Philippines:

“Art. 1085. In the partition of the estate, equality shall be observed as far as possible, dividing the property into lots, or assigning to each of the co-heirs things of the same nature, quality and kind.

“Art. 1086. Should a thing be indivisible, or would be much impaired by its being divided, it may be adjudicated to one of the heirs, provided he shall pay the others the excess in cash. xxx” The partition of the estate of your grandparents may be agreed upon by all of their heirs otherwise the latter may bring the matter before the court. Selling the said property and dividing the proceeds thereof is an option but all heirs must give consent to the same. In case of disagreement, those heirs who intend to sell their inchoate right over the estate of your grandparents may do so subject however to the right of pre-emption or redemption of the other co-heirs (Article 1620, New Civil Code of the Philippines).

` Since the property of your grandparents shall be divided among their heirs, it is as if a coownership is formed. As such, the law on co- ownership may apply. Article 484 of the New Civil Code of the Philippines provides:

“Art. 484. There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons.

In default of contracts, or of special provisions, co-ownership shall be governed by the provisions of this Title.”

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to guide you with our opinion on the matter. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.

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