When a landowner dies, their property immediately passes to their heirs. However, while the right to the property is instantaneous, the legal transition from a single title (or an untitled tax declaration) into individual titles for each heir is a rigorous process governed by the Civil Code and the Rules of Court.

I. The Nature of Co-Ownership

Upon the death of the decedent, all heirs become co-owners of the entire estate. This is known as a pro-indiviso state, meaning no heir can yet point to a specific corner of the land and claim it as theirs alone. Each heir owns an undivided interest in the whole.

To terminate this co-ownership and assign specific metes and bounds to each heir, a partition is required.

II. Methods of Partitioning Inherited Land

1. Extrajudicial Settlement (EJS)

This is the fastest and least expensive route, applicable only if:

The decedent left no will.
The decedent left no debts (or all debts have been paid).
All heirs agree on how the property will be divided.

The Process:

Public Instrument: The heirs execute a "Deed of Extrajudicial Settlement of Estate." If there is only one heir, an "Affidavit of Self-Adjudication" is filed.
Publication: The notice of the settlement must be published in a newspaper of general circulation once a week for three consecutive weeks.
Bond: A bond must be posted if personal property is involved, though often waived for real property if no creditors are present.
Registration: The Deed, along with proof of publication and payment of Estate Tax, is filed with the Register of Deeds (RD).

2. Judicial Partition

If the heirs cannot agree on the division, or if there are minor heirs who need court representation, a formal complaint for Judicial Partition must be filed in the Regional Trial Court (RTC).

The Process:

First Stage: The court determines if a partition is proper. If the court finds that the parties are indeed co-owners, it will order the partition.
Second Stage: The parties are given a chance to agree on the division. If they still cannot agree, the court appoints Commissioners (usually three) to inspect the land and recommend a fair division.
Final Order: The court confirms the commissioners' report and issues a final order of partition, which is then registered with the RD.

III. Disputing Unauthorized Title Applications

A common conflict arises when one heir or a third party attempts to register the land under their name exclusively, often through fraudulent "Affidavits of Self-Adjudication" or by claiming "Open, Continuous, Exclusive, and Notorious Possession" (OCENP).

1. Opposition to Land Registration

If the application is still pending in court (for original registration), an heir may file an Opposition. The heir must prove their interest in the land and demonstrate that the applicant’s claim is fraudulent or incomplete.

2. Petition for Relief or Reopening of Decree

If a decree of registration has already been issued, the law provides a one-year window from the date of the entry of the decree to challenge it on the grounds of Actual Fraud. This is a "Petition to Reopen the Decree of Registration."

3. Action for Reconveyance

If the one-year period has lapsed and the title (Transfer Certificate of Title) has been issued, the remedy is an Action for Reconveyance.

Basis: The goal is not to "cancel" the title itself, but to compel the person who wrongfully registered it to "reconvey" or transfer the property back to the rightful heirs.
Prescription: * If based on fraud, the action must be filed within 4 years of discovery.
If based on an implied trust (e.g., an heir registered it in their name but was supposed to hold it for everyone), the action prescribes in 10 years.
If the rightful owner is in actual possession of the land, the action is imprescriptible (it does not expire).

4. Cancellation of Title

This is used if the title is void from the beginning (void ab initio), such as when the documents used (like a fake Deed of Sale) were forged.

IV. Crucial Administrative Requirements

Regardless of whether the partition is judicial or extrajudicial, the following must be addressed to ensure the validity of the new titles:

Estate Tax Clearance: Under the TRAIN Law, a 6% Estate Tax must be paid based on the value of the property at the time of death. Without the eCAR (Electronic Certificate Authorizing Registration) from the Bureau of Internal Revenue (BIR), the Register of Deeds will not issue new titles.
Survey and Subdivision Plan: The land must be surveyed by a Geodetic Engineer. The resulting subdivision plan must be approved by the Land Management Bureau (LMB) or the Land Registration Authority (LRA).
Notice to Creditors: The two-year "Heirs' Lien" (Rule 74, Section 4) will be annotated on the back of the new titles. This protects any creditors or excluded heirs who might emerge within two years after the settlement.

V. Summary of Remedies for Excluded Heirs

If an heir was intentionally left out of an Extrajudicial Settlement:

Demand Mediation: Attempt a voluntary reconveyance.
Affidavit of Adverse Claim: File this with the Register of Deeds to "freeze" the title and warn third parties that the title is being disputed.
Annulment of Extrajudicial Settlement: File a court case to declare the previous settlement void. Since a deed of extrajudicial settlement is not binding on an heir who did not participate, the excluded heir can still claim their share.