If a property has 2 heirs and one of them has been granted full possession by the other heir, is it possible to retrieve the given share?
If a property has 2 heirs and one of them has been granted full possession by the other heir, is it possible to retrieve the given share?
If a property has 2 heirs and one of them has been granted full possession by the other heir, is it possible to retrieve the given share? The answer to this question is yes, provided that there are no other legal procedures affecting the property.
The case of AgustÃn vs. Pascual (GR No. 154439, February 20, 2005) involved 2 siblings who inherited their parents' house and lot. After their parents died, one of the siblings was granted full possession of the property by the other sibling through an "extrajudicial partition", which meant that he had waived his rights to half of his share in favor of his brother. However, 5 years later, the brother who gave up his share wanted it back. He went to court and was able to get back a majority of his share from his sibling who possessed it.
The case above shows that if you give up your share in a property while there is no legal process affecting it (such as an extrajudicial partition), then you can get back your share if you wish to do so later on. But be careful: once you renounce or waive your rights over a particular property or asset, then you cannot reclaim them even if circumstances change later on!
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