This article explains what happens when an heir is left out (whether deliberately or by oversight) in the disposition of estate property—especially where a deed of sale has been executed—and the full menu of civil, land-registration, procedural, and even criminal remedies available under Philippine law.

1) Core concepts you need first

A. When does “inheritance law” actually apply?

Succession opens at death. The estate becomes a separate juridical mass the moment the decedent dies. Before partition, heirs are co-owners of the hereditary estate in proportion to their ideal shares.
Compulsory heirs and legitimes. Spouse, legitimate children/descendants, legitimate parents/ascendants (in default of descendants), and acknowledged illegitimate children are protected by legitime—the portion of the estate the decedent (or anyone acting for the estate) cannot validly impair.
Estate property ≠ heir’s personal property. Until partition or proper authority (e.g., court-approved sale by an administrator), no single heir may dispose of the entire property. A co-heir may validly sell only his/her undivided ideal share.

B. Typical pathways to transfer estate property

Judicial settlement (probate/intestate proceedings). Court appoints an executor/administrator. Any sale of real property by the representative typically needs prior court approval.
Extrajudicial settlement (EJS) under Rule 74. Allowed only if:
- No will, no outstanding debts (or debts are settled/assumed);
- All heirs are of legal age (or minors are duly represented) and all agree;
- Publication and other statutory formalities are complied with; and
- Taxes are paid and titles are transferred via BIR CAR + RD registration.

If any of those fail—and, in particular, if not all heirs participated—expect legal vulnerability.

2) What “omission of an heir” looks like in practice

A. Common scenarios

One heir sells the entire property (or signs a deed of absolute sale) without the knowledge/consent of the others.
Extrajudicial settlement with sale where an heir was left out or a minor was unrepresented.
Sale by an administrator/executor without court approval, or beyond the scope of authority.
Forged signatures or misrepresentation that “we are the only heirs.”
Hidden or later-acknowledged heirs (e.g., an illegitimate child, or a previously unknown heir) emerging after a registered deed of sale.

B. Immediate legal effects (high level)

As to the seller’s own undivided share: Generally valid; a co-owner may alienate his/her ideal share, which the buyer acquires subject to the co-ownership.
As to the other co-heirs’ shares: Ineffective/void without their consent or proper authority. The sale does not transfer what the seller did not own or was not authorized to convey.
Registration doesn’t cure nullity. A void or unauthorized transfer remains void even if notarized and registered. Registration mainly affects priority and good-faith purchaser defenses, not intrinsic validity.

3) Choosing the right remedy

You select remedies based on (a) who sold, (b) the document used, (c) stage of the estate, (d) who holds the title now, and (e) time elapsed.

A. Civil actions

Action for annulment/nullity of deed (or of the portion exceeding the seller’s share)
- Use where a deed of sale purports to convey the whole property but the seller lacked authority or omitted co-heirs.
- Relief: declare the deed void/ineffective in respect of omitted heirs’ shares; order cancellation/partial cancellation of title and reconveyance.
Reconveyance/Implied trust
- If title already transferred/issued, seek reconveyance to return the omitted heir’s share.
- Prescription:
  - If based on fraud and the property is already titled: generally 4 years from discovery; a related line of cases applies 10 years from issuance of title for actions based on implied/constructive trust against the registered owner not in possession.
  - If the omitted heir is in actual possession, actions to quiet title or reconvey may be treated as imprescriptible while possession continues.
- Always pair with prayer to cancel/ammend TCT/OCT.
Partition (judicial partition and accounting)
- Where co-ownership is recognized (including after a partial annulment), any heir or even the buyer of an undivided share may sue for partition.
- Court determines shares, collates advances/donations if needed, accounts for fruits/rents, and allots lots—or orders sale at auction and divides proceeds.
Rescission / Reduction (if legitime impaired)
- If dispositions (including simulated “sales”) impair legitimes of compulsory heirs, file reduction to restore legitimes, or rescission in special cases (e.g., representative acted beyond authority).
- In life-time transfers disguised as sales (e.g., grossly undervalued), courts may treat as donations for legitime computation.
Accion reivindicatoria / Accion publiciana / Quieting of title
- Choose based on possession and title status:
  - Reivindicatoria: recover ownership + possession.
  - Publiciana: recover possession when dispossessed.
  - Quieting: remove cloud where an adverse claim/instrument prejudices title.
Rescission of partition for lesion
- If a partition occurred and an heir received less by more than 1/4 of his rightful share (lesion), rescission may lie within the civil code limits.

B. Land-registration tools (defensive and offensive)

Adverse Claim (to flag your unregistered claim/heirship on the title).
Notice of Lis Pendens (once you file a case affecting title/possession).
Petition to Cancel/Correct Entries after judgment.
Affidavit of Loss/Nullity and RD proceedings where applicable, though substantive issues usually need a full civil action.

C. Special rules for EJS under Rule 74

Non-participating/omitted heirs may sue to annul EJS or seek reconveyance/repartition.
Two-year window: There is a special two-year period often invoked to attack an EJS for noncompliance. Even after two years, omitted heirs may still recover their shares from distributees who received in bad faith or without consideration; if the property has passed to innocent purchasers for value, the omitted heir can go after the bond (if posted) or seek indemnity from the guilty parties.
Publication of the EJS is not a silver bullet: heirs actually omitted are not barred merely by newspaper publication; buyers, however, are on notice to investigate the completeness of heirs.

D. Sales by executors/administrators

Real property sales by a judicial representative generally need prior court authority and compliance with Rule 89 formalities.
Without approval, a sale may be void/ineffective as to the estate and can be set aside at the instance of heirs or the court; buyers typically acquire no better right than the seller possessed.

E. Property relations with spouses; minors

Conjugal/community property: Disposition generally requires spousal consent; lack thereof can render the sale void as to the non-consenting spouse’s interest.
Minors/incompetents: Any waiver or sale of their hereditary rights requires guardian ad litem or proper representation and frequently court approval; otherwise voidable/void.

F. Criminal overlays (when facts support them)

Falsification (forged signatures, falsified public documents).
Estafa (fraud in inducing sale or receiving payment without authority).
Perjury (false declarations in EJS affidavits).
Filing a criminal case does not automatically restore title; pair it with civil actions for annulment/reconveyance.

4) Defenses you will face

Buyer in good faith and for value (BFGF)
- Strong when buyer relied on a clean, regular chain of title and seller appeared fully authorized.
- Weakened by red flags: fresh EJS with questionable participation, suspiciously low price, obvious existence of other heirs, minors, lack of court approval for administrator’s sale, or contradictions on the face of documents.
Laches/prescription
- If the omitted heir waits too long without possession, the action may be time-barred depending on the cause of action; continuous possession by the heir often blunts prescription.
Acquiescence/estoppel
- Silence while enjoying benefits (e.g., accepting proceeds) can be used to argue waiver—fact-intensive and rarely absolute against compulsory-heir rights.

5) Litigation playbooks

A. For the omitted heir

Immediate steps
- Gather proof of heirship: birth/marriage certificates, CENOMAR, prior court orders, DNA (if relevant).
- Secure certified copies of titles, tax declarations, tax receipts, and the assailed deed(s).
- Request RD trace-back (previous titles, annotations).
- Flag the title: file Adverse Claim (precautionary) and, once suit is filed, Lis Pendens.
Case strategy
- File Annulment/Nullity of Deed and Reconveyance with Damages, plus Partition and Accounting in one complaint if appropriate (joinder is efficient).
- Include prayers for preliminary injunction (to stop further transfers) and a Notice of Lis Pendens.
- Plead fraud with particularity if invoking fraud-based prescriptive rules; attach/offer forensic proof if alleging forgery.
If buyer is BFGF
- Seek partial nullity (only as to the shares not owned by the seller).
- Push for partition recognizing buyer as co-owner only to the extent of seller’s transmissible share.
- If property already resold multiple times, target the earliest faulty link and the current registered owner; pray for reconveyance or indemnity as warranted.
Tax and compliance
- Be ready to settle estate tax computations in court-assisted partition or after judgment, so titles can be validly re-issued.

B. For the buyer/transferee

Due diligence (before buying)
- Verify all heirs and their capacities; require an EJS signed by all or a court order approving sale by the representative.
- Ask for proof of paid estate taxes and BIR CAR.
- Cross-check civil status (minors? spouse?).
- Insist on special powers of attorney if an heir is represented.
- Beware of “I’m the only heir” narratives; demand documentary proof.
After purchase, when challenged
- Assert good-faith purchase, but prepare for partial nullity and partition.
- Consider settlement: buy out omitted heirs at fair value + interests/fruits to mitigate exposure.

C. For a participating heir accused of omission

Show full disclosure and consent (e.g., quitclaims with consideration, court approvals).
If omission was genuine mistake, offer immediate repartition or monetary equalization to reduce damages/exposure.

6) Evidence map and damages

Heirship: PSA civil registry docs; family tree; earlier court decrees; notarized acknowledgments.
Authority to sell: Letters testamentary/administration; court orders approving sale; SPAs; guardianship orders.
Chain of title: Certified copies of OCT/TCTs; RD annotations; EJS and publications; BIR CAR.
Fraud/forgery: Handwriting expert reports; notarial records; logbooks/journals of the notary; ID and thumbprint records.
Damages: Actual (e.g., rents/fruits), legal interest, moral/exemplary if bad faith is proven; attorney’s fees in exceptional cases.

7) Prescription quick guide (rule-of-thumb)

Always confirm against your facts; below are practical guideposts used in pleadings.

Annulment of void contract: actions declaring absolute nullity are generally imprescriptible, but reliefs tied to property already in another’s name often interact with reconveyance timelines.
Reconveyance based on fraud: usually 4 years from discovery (with discovery often pegged to registration you could have checked), and in several lines of cases 10 years from issuance of the title when framed as constructive trust.
EJS attacks (Rule 74): 2 years frequently invoked to assail the settlement; after this, recourse shifts to reconveyance/indemnity and actions against distributees in bad faith.
Rescission of partition for lesion: 4 years from partition.
Actions while in possession: often treated as imprescriptible (quieting).

8) Drafting tips and sample prayer (outline)

Complaint title: Annulment/Nullity of Deed of Sale (or Portion Thereof), Reconveyance, Partition and Accounting, Damages, with Prayer for TRO/PI and Annotation of Lis Pendens

Essential allegations:

Death of decedent; opening of succession; list of heirs (with civil status/ages).
Description of property (Lot/Blk, survey, area, TCT/OCT numbers).
Facts of omission (who signed, what was sold, lack of consent/authority), and when discovered.
Invalidity grounds (lack of authority; impairment of legitime; absence of court approval; forgery).
Buyer’s good/bad faith facts.
Reliefs sought: nullity (total/partial), reconveyance, cancellation/amendment of title, partition and accounting, fruits/rents and damages, costs, and other just reliefs.
Prayer for TRO/PI and lis pendens.

9) Settlement levers (often overlooked)

Cash-plus-quitclaim from omitted heir in exchange for withdrawing suit, after proper disclosure in court.
Partition by agreement: convert buyer into co-owner up to the seller’s transmissible share, then swap lots or cash-equalize.
Escrow of part of price pending heir verifications (for ongoing transactions).
Judicial compromise: immediately registrable on titles and has the effect of res judicata.

10) Practical checklists

For heirs

PSA docs proving heirship
Certified copies of titles + RD trace-back
Copy of assailed deed(s) and notarial entries
Proof of possession/occupancy/income from property
Evidence of exclusion (communications, drafts, affidavits)
Computation of legitimes (if applicable)
Draft complaint + ex parte motion for lis pendens annotation

For buyers

List and IDs of all heirs + EJS signed by all / court order
BIR CAR and proof of paid estate tax
Confirm no minors/unrepresented heirs
SPA originals, if any, and notary verification
Title due diligence (encumbrances, adverse claims, pending cases)
Warranties and undertakings in the Deed (including heirship warranties and hold-harmless clauses)

11) FAQs (fast answers)

Can one heir sell the entire property? Not valid as to the other heirs’ undivided shares; at best the buyer acquires only the seller’s ideal share.
Is a notarized deed bulletproof? No. Notarization aids form and admissibility; it does not supply missing authority.
If the deed is registered, can I still recover? Yes. Registration does not validate a void sale. Timeliness and buyer’s good/bad faith will affect remedies.
Do I need to sue for partition? Often yes—after setting aside or partially nullifying the deed—to finally segregate and title your share.
What if there’s a will? Probate court has primary jurisdiction; dispositions that impair legitime may still be reduced.

12) Bottom line

When an heir is omitted in the sale of estate property, the law typically protects the omitted heir and limits what an unauthorized seller can transfer. The right course is a calibrated mix of annulment (total or partial), reconveyance, and partition, supported by timely land-registration annotations and, where necessary, criminal complaints. Early evidence-gathering and smart pleading—especially on authority, good faith, and prescription—often decide the case.