When a father dies in the Philippines without leaving a will and the widow later sells the inherited land by herself, the key legal question is: what are the rights of the children, and how far can the widow go in selling the property?

Below is a structured, in-depth discussion in the Philippine context.

I. Basic Legal Framework

1. No will = intestate succession

If a person dies without a will, his estate is distributed according to the rules on intestate succession in the Civil Code.

Key points:

Succession is opened at the moment of death (Civil Code Art. 777).
At that moment, the rights to the estate automatically vest in the heirs, even before any formal settlement or transfer of title.
The heirs of first concern when there are legitimate children are:
- legitimate children (and their descendants), and
- the surviving spouse.

2. Property regime of the spouses (what part is really “inheritance”?)

Before talking about “inherited land,” you must know what portion of the land actually forms part of the husband’s estate. This depends on the marital property regime:

Absolute Community of Property (ACP)
- Default regime for marriages from August 3, 1988 onward, under the Family Code, if there is no marriage settlement.
- Almost all property owned at the time of marriage and acquired during marriage becomes community property, with some exceptions (e.g., exclusive property brought into the marriage and properly proven, property acquired by gratuitous title, etc.).
- On the husband’s death:
  - ½ belongs to the surviving spouse as her share in the community.
  - Only the other ½ becomes part of the estate to be inherited.
Conjugal Partnership of Gains (CPG)
- Default regime for marriages before August 3, 1988, absent a marriage settlement.
- Property acquired during the marriage by onerous title is conjugal, but properties owned before marriage or acquired by gratuitous title remain exclusive.
- On death:
  - The conjugal partnership is liquidated.
  - ½ belongs to the surviving spouse.
  - The other ½ forms part of the estate.
Exclusive property of the deceased
- Example: land acquired before marriage, or inherited or donated exclusively to the husband.
- In that case, the entire land forms part of the estate (subject to any rights of the surviving spouse like usufruct or legitime).

Children can only inherit from whatever actually belongs to the deceased. So if the land is conjugal/community property, their rights apply only to the deceased’s share, not to the entire property.

II. Who Are the Heirs and What Are Their Shares?

1. Compulsory heirs

Under the Civil Code, the following are compulsory heirs (meaning they cannot be deprived of their legitime except in strict cases of disinheritance through a will):

Legitimate children and descendants
Legitimate parents and ascendants (if no descendants)
Surviving spouse
Illegitimate children (with special rules on their legitime)

In a typical scenario with a widow and legitimate children, and no will:

The legitimate children and the surviving spouse share in the estate.
As a general intestate rule, the surviving spouse gets a share equal to that of each legitimate child in the hereditary estate (i.e., the deceased’s half or exclusive estate).

Example: Conjugal land worth ₱1,000,000; 1 widow, 3 legitimate children.

Widow’s conjugal share: ₱500,000 (her half of conjugal property).

Estate (decedent’s half): ₱500,000.

Intestate shares in the estate: 4 equal shares (3 kids + spouse) = ₱125,000 each.

Final:

Widow: ₱500,000 (conjugal) + ₱125,000 (inheritance) = ₱625,000

Each child: ₱125,000

In effect, the widow doesn’t own the entire property — only her fractional share.

III. Nature of Children’s Rights When the Father Dies

1. Rights vest at death

Once the father dies:

The children become co-owners of the estate with the surviving spouse and other heirs.
This co-ownership is over the undivided estate, not yet partitioned into specific parcels.
Until partition:
- Each heir technically owns an ideal/abstract share in every part of the estate.
- No single heir can claim a specific physical portion as “exclusively mine” until there is partition.

2. Legitimes cannot be impaired

Because the children are compulsory heirs:

They are entitled to a legitime (a minimum guaranteed portion of the estate).
They cannot be deprived of that legitime except by valid disinheritance in a duly executed and probated will.
Since we are in a “no will” scenario, disinheritance is not in play.
Therefore, any transaction that effectively wipes out or reduces their legitime without legal basis can be attacked.

IV. How Far Can the Widow Go in Selling the Land?

1. What she can validly sell

The widow can validly sell:

Her share in the property as spouse
- Her ½ share in the community or conjugal property; or
- Her exclusive property.
Her hereditary share as heir (after liquidation of the marital partnership).

Even if there has been no formal settlement yet, the law generally allows an heir to sell his or her ideal undivided share in the estate. The buyer simply “steps into her shoes” as a co-owner.

So, in principle, the widow can sell:

Her abstract undivided interest in the property, even without partition, but
She cannot validly sell the shares of the children unless:
- they are of legal age and consented, or
- if minors, they are properly represented with court authority.

2. What she cannot validly sell

She cannot (without proper authority) sell:

Properties that are exclusively owned by the children, including their hereditary shares;
The entire property as if she were the sole owner, if in truth the children are co-owners.

A sale beyond her share is typically valid only to the extent of her own interest. As to the children’s shares, the sale is generally:

Not binding on the children unless ratified;
Vulnerable to challenge (annulment / reconveyance).

V. Effect of Selling Inherited Land Without a Will or Settlement

The frequent practical scenario is:

Husband dies, land still titled in his name;
No estate proceedings or extrajudicial settlement;
Widow sells the land to a buyer, signing as if she alone is owner or as “heir”.

1. Status of the sale

Some key doctrines and principles:

Sale of property of another
- As a general rule, a person cannot transfer more rights than he/she has.
- The sale is valid only insofar as the seller’s rights are concerned.
- For the portion belonging to other co-owners (children), it is not binding.
Co-ownership rules
- A co-owner may dispose of his/her ideal share in co-owned property.
- But one co-owner cannot, without authority, dispose of the specific share of other co-owners.
No settlement ≠ no rights
- The absence of a will and the absence of an estate proceeding do not delay the vesting of rights.
- Children’s co-ownership arises at death, not at the time of titling or formal documents.

2. Deeds and titles

The Register of Deeds normally requires an extrajudicial settlement of estate or judicial proceedings before transferring title from the deceased to buyers.
However, in practice, some transactions slip through or are structured in ways that appear regular on the face of the documents.
If a title eventually gets issued in the buyer’s name, various rules on innocent purchaser for value and fraudulently obtained titles come into play. The children may still have remedies, but these can become more complex and time-sensitive.

VI. Children’s Rights and Remedies

Children have several layers of rights and possible actions, depending on the facts.

A. Right to Their Inheritance (Legitime)

Fundamental rights:

To receive their hereditary share regardless of whether there was a will.
To object to any transaction that effectively deprives them of that share.
To demand that the estate be properly settled and partitioned, accounting for all properties and debts.

B. Right to Demand Partition

While co-ownership exists, each heir has the right:

To demand partition of the estate at any time, so each one receives his/her definite share in the property or its equivalent in money.
Partition may be:
- Extrajudicial, if all heirs are of legal age, in agreement, and there are no outstanding debts; or
- Judicial, when there are disputes, minors, or other complications.

During partition, any sale made by the widow may be respected only up to the extent of her share. The remaining portion can still be allocated to the children or be subject to adjustment with the buyer.

C. Right to Annul or Question the Sale

Children can:

Treat the sale as valid only for the widow’s share
- They may acknowledge that the buyer acquired only what the widow legally owned.
- They may then demand partition, where the buyer steps in as co-owner in place of the widow to the extent of her share.
File an action for annulment or reconveyance

Which action applies depends on:
- Whether the contract is void, voidable, or rescissible;
- Whether the children were minors at the time;
- Whether there was fraud;
- Whether a Torrens title has been issued in the buyer’s name;
- Whether the buyer is in good faith or bad faith.
General patterns:
- If minors’ property was sold without court approval, the sale is typically voidable, and the minor (upon reaching majority) may annul it within a specific prescriptive period.
- If the contract is void (e.g., absolutely simulated, impossible object, etc.), the action to declare voidness is generally imprescriptible.
- If the property has been registered in the buyer’s name based on fraud, children may file an action to reconvey the property, commonly subject to prescriptive periods (for example, counted from issuance of title or discovery of fraud), if they are no longer in possession.
Right to damages

Even if the property cannot be recovered (for instance, where an innocent purchaser in good faith is fully protected under the Torrens system), the children may:
- Sue the widow (and possibly others who participated in the wrongful sale) for damages equivalent to their lost shares, plus interest and possibly moral/exemplary damages depending on circumstances.

D. Rights of Minor Children

If some or all of the children were minors at the time of the sale:

Parents or guardians generally cannot dispose of substantial property belonging to minors without:
- proper representation, and
- court approval (through a petition for authority to sell or encumber).
A sale made without such authority is often voidable, not automatically valid.
When minors reach the age of majority, they typically have a period (e.g., four years) within which to bring an action to annul such contracts.

This is a crucial protection for children whose inheritance was sold away while they were still legally incapable of giving consent.

VII. Good Faith Buyer vs. Children’s Rights

A major practical issue: What if the buyer is in good faith?

1. Buyer in good faith, unregistered land

If the land is not registered under the Torrens system:

The general rule in civil law applies: no one can transfer better title than he/she has, even to a buyer in good faith.
The buyer may be compelled to return the property to the true owners (the children), and then the buyer can go after the seller for restitution/damages.

2. Buyer in good faith, registered land (Torrens system)

If the land is registered and a new clean title was issued to the buyer:

The law gives strong protection to innocent purchasers for value who rely on a clean certificate of title.
But that protection is not absolute; it depends on:
- what appears on the face of the title;
- whether there were annotations;
- the specific factual pattern of fraud or irregularity.

In some cases, children may:

Still file an action to reconvey; or
If barred, they may have to pursue damages against the seller and/or the Assurance Fund (in very specific circumstances under land registration laws).

Because these questions are highly fact-sensitive, actual legal advice and detailed document review are critical.

VIII. Extrajudicial Settlement, Waivers, and Simulated Sales

1. Extrajudicial settlement by heirs

If the widow executed an extrajudicial settlement of the estate under Rule 74 (often with or without actual participation of all heirs) and then sold the land:

Any heir excluded or not properly represented may:
- Question the settlement and subsequent sale as to his/her share.
- Seek reconveyance or partition.
Publication and bonding requirements exist, but failure to comply can make the settlement and resulting transactions vulnerable to challenge, especially by heirs not part of it.

2. Waivers and quitclaims by children

Sometimes children, especially those of legal age, sign documents:

Waiving their rights in favor of the mother; or
Appearing as if they sold their shares to the widow or to the buyer.

These instruments may:

Be valid if executed freely with full knowledge and proper form; or
Be challengeable if obtained by fraud, intimidation, undue influence, or mistake, or if essential legal formalities were absent (e.g., no notarization, minors, etc.).

3. Simulated or “colorable” sales

There are cases where:

The widow “sells” the land, but in truth it is really a donation or a disguised transfer to one child, a relative, or a stranger.
The law generally treats simulated contracts as void.
Children may attack these arrangements especially if they prejudice their legitimes.

IX. Practical Steps and Strategies for Children

If you are a child of the deceased and the widow has sold inherited land, you typically want to:

Gather documents
- Marriage contract of the parents;
- Death certificate of the father;
- Title/s of the land;
- Deed of sale and related contracts;
- Any extrajudicial settlement / waivers;
- Evidence of who has been in possession and receiving benefits (rents, crops, etc.).
Determine the property regime
- Date of parents’ marriage;
- Whether there was a marriage settlement;
- Whether the land was acquired before or during marriage;
- Whether it was inherited or donated.
Compute shares
- Identify which part of the property forms part of the estate.
- Compute each heir’s share under intestate succession.
Check your age and timelines
- Were you a minor when the land was sold?
- How many years have passed since:
  - the sale,
  - issuance of new title (if any), or
  - discovery of the transaction?
- Different causes of action have different prescriptive periods.
Evaluate strategy
- Demand partition and recognition of your share;
- File an action for annulment of sale, reconveyance, or damages;
- Negotiate with the buyer or with the widow for voluntary settlement.

X. Obligations and Possible Liabilities of the Widow

By selling more than her share, the widow may:

Be liable to her children for:
- Recovery of property, to the extent still recoverable;
- Damages, if property cannot be recovered, including the value of the lost share plus legal interest;
- Accounting for the fruits and income derived from the property or from the sale price.

She is also expected to:

Administer the estate in good faith (if de facto administrator);
Avoid acts that clearly defraud or prejudice the compulsory heirs.

Intentional disregard of the children’s rights, especially if coupled with falsification or clear fraud, may also give rise to criminal liabilities, depending on the acts done (e.g., falsification, estafa), though that requires separate analysis and proof.

XI. Special Situations

1. Children living abroad or unaware of the sale

Their rights do not vanish simply because they are abroad or ignorant of the transaction.
However, prescriptive periods may start to run from the time they knew or should have known, depending on the legal theory invoked.
Prompt action once they learn of the situation is crucial.

2. Blended families and illegitimate children

If there are children from other relationships (legitimate or illegitimate), the distribution of shares becomes more complex.
Illegitimate children have reduced legitimes compared to legitimate children, and the surviving spouse’s share is also affected.
All such children, however, remain compulsory heirs protected by law.

XII. Final Notes

Children’s rights arise at the moment of the father’s death and do not depend on the existence of a will or the performance of formal estate proceedings.
A widow cannot legally dispose of the children’s hereditary shares in inherited land without their valid consent or proper court authority (for minors).
Sales made solely by the widow over the entire property are generally:
- Valid only to the extent of her own share; and
- Vulnerable to challenge as to the children’s shares, through actions like partition, annulment, reconveyance, or damages.

Because the outcome in real cases depends heavily on dates, documents, and specific facts (marriage date, nature of property, ages of children, buyer’s good faith, registration details, etc.), anyone actually facing this situation in the Philippines should strongly consider:

Consulting a Philippine lawyer experienced in succession, property, and land registration;
Having all documents reviewed; and
Moving promptly to avoid running afoul of prescription or laches (sleeping on one’s rights).

This overview lays out the main legal principles and typical rights of children when a widow sells inherited land without a will in the Philippine setting, but individual cases will always need fact-specific legal advice.