Overview (the short legal answer)

In the Philippines, one heir generally cannot validly sell the entire inherited property as if they alone own it while other heirs exist. However, one heir may sell or assign only their “ideal/undivided share” (hereditary rights) in the estate, even without the others’ consent—but the sale’s effect is limited to that heir’s share and does not bind the shares of the other heirs.

The details depend on (1) whether the estate has been settled, (2) whether the property has been partitioned, (3) what exactly was sold (entire property vs. undivided share vs. a specific portion), and (4) whether special protections apply (e.g., family home, minors, conjugal/community property).

1) What happens to property at death: why heirs become “co-owners”

Under Philippine succession law, rights to the decedent’s estate are transmitted to the heirs at the moment of death (Civil Code principle commonly cited from Article 777). That does not mean each heir immediately owns a physically separate portion of the land. Until partition, the heirs typically hold the estate in co-ownership.

Co-ownership “in common” (pro indiviso)

Before partition:

The heirs own ideal or undivided shares (e.g., 1/3, 1/6), not a specific corner or floor.
No heir can point to a specific portion and say “this part is mine alone” unless there has been partition.

This co-ownership framework is crucial because it controls what any single heir can legally sell.

2) The core rule: what a single heir can and cannot sell

A. What one heir can sell without other heirs’ consent

One heir can sell or assign:

Their undivided share in the property, as a co-owner; and/or
Their hereditary rights (their share in the estate), even before settlement/partition.

Effect: The buyer steps into the seller-heir’s shoes and becomes a co-owner with the other heirs, holding only the share purchased.

Practical meaning: The buyer doesn’t automatically get exclusive possession of the whole property. The buyer gets the right to participate in co-ownership and later partition.

B. What one heir generally cannot sell without other heirs’ consent

One heir generally cannot validly sell:

The entire property as if they were the sole owner; or
A specific identified portion (e.g., “the back 200 sqm is mine”) before partition, because that portion is not exclusively theirs yet.

Effect if they do: The transaction is typically ineffective as to the shares of the non-consenting heirs, and it can be attacked in court. At most, it may be treated as a sale of only the seller’s ideal share—depending on how the facts and documents read and what the buyer knew.

3) Different scenarios and how the law usually treats them

Scenario 1: No settlement, title still in the decedent’s name

This is common. A buyer might be shown the property, a deed is signed, money changes hands—but the title is still in the dead owner’s name.

A single heir is not the registered owner.
A deed signed by one heir selling “the whole property” is a major red flag.
Even if the heir “inherits,” transferring or registering ownership usually requires estate settlement and compliance with tax and registry requirements.

Bottom line: One heir selling the whole property at this stage is extremely vulnerable to challenge.

Scenario 2: Extrajudicial settlement exists, but not all heirs participated

Under Rule 74 of the Rules of Court, an extrajudicial settlement is generally allowed only if:

The decedent left no will (intestate), and
There are no outstanding debts (or they are otherwise addressed), and
The heirs execute a public instrument and comply with required formalities (including publication).

If not all heirs signed (or a required representative didn’t sign for a minor/incapacitated heir), that settlement can be attacked, and transfers based on it can be put at risk.

Bottom line: If one heir “settles” and sells without the others, the non-participating heirs usually have strong remedies.

Scenario 3: The heirs already partitioned the estate

Once there is a valid partition (judicial or extrajudicial), each heir may become owner of a specific property or defined portion, or their shares may be otherwise concretely allocated.

After partition:

If the property (or a subdivided lot) is allocated to Heir A, Heir A can sell their allocated property without needing others’ consent.
If the property remains co-owned even after settlement (no partition of that specific asset), co-ownership rules still apply.

Bottom line: Partition is the pivot point. Before partition: undivided share only. After partition: your assigned property can be sold.

Scenario 4: There is a judicial settlement (estate is under court supervision)

If the estate is under judicial settlement (with an executor/administrator):

Sales of estate properties are typically controlled by the court.
Dispositions often require court authority and compliance with procedural safeguards.

Bottom line: One heir unilaterally selling property involved in a judicial estate proceeding is generally improper and challengeable.

4) Co-owner sale to a “stranger” triggers the right of legal redemption

A very important Philippine rule: when a co-owner sells their undivided share to a third person (a “stranger” to the co-ownership), the other co-owners may have the right of legal redemption under Article 1620 of the Civil Code.

Key points

Applies when a co-owner sells an undivided share to a non-co-owner.
Other co-owners can redeem the share within a limited time, typically 30 days from written notice of the sale.

Practical impact: Even a valid sale of an undivided share can be undone (redeemed) by the other heirs if they timely exercise this right and comply with requirements.

5) “Sale of hereditary rights” vs. “sale of the property” (not the same)

A document might say:

“I sell my hereditary rights in the estate of X,” versus
“I sell Lot No. ___ to Buyer.”

These carry different risk profiles.

Sale/assignment of hereditary rights

The buyer acquires the seller’s share in the estate, not necessarily a particular lot.
The buyer’s acquisition is subject to:
- Estate debts and obligations,
- The rights of compulsory heirs (legitime rules),
- The outcome of partition.

Sale of a specific real property

If the seller has no exclusive ownership of that property, the sale is vulnerable as to other heirs’ shares.
The buyer may end up co-owning only the seller’s ideal share—or litigating.

6) Special Philippine “gotchas” that often change the answer

A. Surviving spouse and marital property (ACP/CPG)

If the decedent was married and property was part of:

Absolute Community of Property (ACP) or
Conjugal Partnership of Gains (CPG)

then before the heirs even divide anything:

The marital property must be liquidated, and
The surviving spouse’s share must be determined.

Why this matters: The estate may not own 100% of the property. A unilateral sale by an heir can collide with the spouse’s rights.

B. Family home protections

If the property is the family home under the Family Code, there are special rules and protections (including exemptions and restrictions on alienation). Alienation may require consents and, in conflict situations, may require court intervention.

Why this matters: Even “majority heirs” may not freely dispose of a family home if beneficiaries’ rights are implicated.

C. Minors or incapacitated heirs

If any heir is a minor or legally incapacitated:

Their interests generally cannot be waived or sold casually.
Transactions involving their share usually require proper legal representation and often court approval.

Why this matters: A sale done by an adult heir ignoring a minor heir’s rights is highly attackable.

D. Legitimes of compulsory heirs

Philippine law reserves legitimes for compulsory heirs (e.g., legitimate children, surviving spouse, etc.). Dispositions that impair legitimes can be challenged and reduced in proper proceedings.

Why this matters: Even if something is “sold,” the final enforceability can be affected if the transaction effectively defeats compulsory heirs’ shares.

7) If one heir sold the entire property without consent: what are the legal effects?

Common legal outcomes (depending on proof and facts):

Valid only as to the seller-heir’s ideal share, and ineffective as to other heirs’ shares; and/or
Void/unenforceable with respect to the portions not owned by the seller; and/or
Gives rise to actions such as annulment, reconveyance, partition, damages—especially if fraud or bad faith is shown.

Registration does not automatically “cure” a fundamentally defective sale. But registration can complicate recovery, especially if subsequent buyers claim good faith. These cases become fact-heavy.

8) Remedies for the other heirs (what you can do)

If you’re an heir whose co-heir sold without your consent, typical options include:

A. Demand accounting and settlement / partition

If the estate remains unsettled, push for settlement and partition.
Partition clarifies shares and ends co-ownership.

B. File a case to protect title and recover property interests

Depending on the situation:

Annulment/nullity of deed of sale
Reconveyance (often framed as recovery of your share)
Cancellation of title or correction of registry entries (if warranted)
Partition (judicial partition if no agreement is possible)
Damages (if bad faith/fraud caused loss)

C. Exercise legal redemption (if applicable)

If what was sold was only an undivided share to a stranger, consider legal redemption (timelines are strict).

D. Provisional protections

In practice, heirs often seek:

Annotation of adverse claim / notice of lis pendens (as appropriate),
Injunction where justified, to prevent further transfers while the dispute is pending.

9) Practical guidance for buyers (and heirs dealing with buyers)

If you’re buying inherited property in the Philippines

Do not rely on assurances like “I’m an heir, so it’s mine.” Ask for:

Death certificate of the owner,
Proof of all heirs and their participation,
Estate settlement documents (extrajudicial/judicial),
Proof of taxes paid (estate tax compliance),
Title history and current title status,
If partitioned: partition document, subdivision plan (if relevant), and title issued in the seller’s name or proper transfer instruments.

Safe deal structures

Require all heirs to sign (and spouse, if relevant).
Ensure proper settlement and registry compliance before full payment (often via escrow-type arrangements handled by counsel).

10) Clear conclusions

One heir cannot sell the entire inherited property without the other heirs’ consent (unless they are truly the sole heir or have been validly allocated the property via partition).
One heir can sell only their undivided share/hereditary rights, and the buyer generally becomes a co-owner with the other heirs.
Other heirs have meaningful protections: legal redemption (in some cases), partition rights, and court actions to nullify or limit unauthorized sales—especially where fraud, exclusion, minors, family home issues, or marital-property rights exist.

Quick checklist: “Is this unilateral sale likely valid?”

More likely valid (limited effect):

The deed clearly sells only the seller’s undivided share or hereditary rights; and
Buyer understands they are buying into a co-ownership.

More likely invalid/attackable (as to other heirs’ shares):

Seller represented themselves as sole owner and sold 100%; or
There was a “settlement” that excluded heirs / minors / spouse; or
Property is family home / marital property complications exist; or
Documents were fabricated or signatures forged.

This is general legal information in Philippine context and not a substitute for advice on specific facts. If you share the setup (number of heirs, title status, whether there was a settlement/partition, and what the deed says), I can map the likely legal consequences and remedies in a tighter, scenario-based way.