Carvajal vs. CA
1
TOPIC: SUCCESSION G.R. No. L-44426 February 25, 1982 SULPICIO CARVAJAL, petitioner, vs. THE HONORABLE COURT OF APPEALS ** and EUTIQUIANO CAMARILLO and LIBERATA CACABELOS, respondents. FACTS: One of the heirs sold his share to petitioners and respondents prior to the approval of the project of partition. ISSUE: Whether respondent have the right to eject the petitioner. RULING: Title to any specific part of the estate does not automatically pass to the heirs by the mere death of the decedent and the effect of any disposition by a co-heir before partition shall be limited to the portion which may be allotted to him upon the dissolution of the communal estate. What a co-heir can validly dispose of is only his hereditary rights. The action for ejectment and recovery of possession instituted by herein respondents in the lower court is premature, for what must be settled frist is the action for partition. Unless a project of partition is effected, each heir cannot claim ownership over a definite portion of the inheritance. Without partition, either by agreement between the parties of by judicial proceeding, a co-heir cannot dispose of a specific portion of the estate. For where there are two or more heirs, the whole estate such heirs. 1 Upon the death of a person, each of his heirs becomes the undivided owner of the whole estate left wtih respect to the part of portion which might be adjudicated to him, a community of ownership being thus formed among the co-owners of the estate or co-heirs while it remains undivided.
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Transcript of Carvajal vs. CA
TOPIC: SUCCESSIONG.R. No. L-44426 February 25, 192SULPICIO C!R"!#!L,petitioner,vs.T$E $ONOR!%LE COURT OF !PPE!LS && a'( EUTI)UI!NO C!*!RILLO a'( LI%ER!T!C!C!%ELOS, respondents.F!CTS:One of the heirs sold his share to petitioners and respondents prior to the approval of the projectof partition. ISSUE:Whether respondent have the right to eject the petitioner.RULING:Title to any specific part of the estate does not automatically pass to the heirs by the mere deathof the decedent and the effect of any disposition by a co-heir before partition shall be limited tothe portion which may be allotted to him upon the dissolution of the communal estate. What aco-heir can validly dispose of is only his hereditary rights.Theactionforejectment andrecoveryof possessioninstitutedbyhereinrespondentsinthelower court is premature, for what must be settled frist is the action for partition. Unless a projectof partition is effected, each heir cannot claimownership over a definite portion of theinheritance. Without partition, either by agreement between the parties of by judicial proceeding,a co-heir cannot dispose of a specific portion of the estate. For where there are two or moreheirs, the whole estate such heirs. 1 Upon the death of a person, each of his heirs becomes theundividedowner of thewholeestateleft wtihrespect tothepart of portionwhichmight beadjudicated to him, a community of ownership being thus formed among the co-owners of theestate or co-heirs while it remains undivided.
