Assistant at Law

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? Min Austria Assistant at Ascent Law LLC 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 Agustín 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 sh...