1) The basic rule: death creates co-ownership among heirs

Under Philippine law, succession “opens” at death, and the heirs acquire rights to the estate from that moment. In practical property terms:

If a parent dies owning land, and multiple children (and possibly a surviving spouse) are heirs, the land becomes co-owned by them in undivided shares.
“Undivided” means no heir owns a particular physical portion yet (e.g., “the left side is mine”) unless and until there is partition.

So, before settlement/partition, the heirs’ relationship to the land is co-ownership, and the controlling idea is:

One heir cannot unilaterally dispose of what belongs to the others. But one heir can generally dispose of his/her own undivided share, subject to important limitations and consequences.

2) Can one child sell “the inherited land” to one sibling without the other siblings’ consent?

A. If the sale is of the entire land (as if the seller owns 100%)

No, one heir cannot validly sell the entire inherited land (100%) without the consent/signature of the other co-heirs (and the surviving spouse if applicable).

Legal effect: a deed that appears to sell the whole property but is executed by only one heir is generally effective only up to the seller’s share (if the seller actually is an heir and is selling his ideal/undivided share). As to the shares of the non-consenting heirs, the sale is not binding.

B. If the sale is of the seller’s undivided hereditary share

Yes, a co-owner/heir may generally sell or assign his undivided share even without the consent of the other co-owners.

Legal effect: the buyer (even if the buyer is another sibling) steps into the seller’s shoes and becomes a co-owner to the extent of the purchased share.

What the buyer does not automatically get: exclusive ownership of the whole land, or the right to identify a specific portion as “mine,” unless there is a partition.

3) Why sibling consent matters: acts of ownership vs. acts over your share

Philippine co-ownership rules draw a practical line:

You may dispose of your ideal share (your percentage interest).
You may not dispose of the whole property or any determinate portion as if you were sole owner, because that prejudices the other co-owners.

This is why “sale to one child” without others signing becomes a frequent trigger for disputes: the deed often reads like a full transfer, but the law treats it, at most, as a transfer of only what the seller truly owns.

4) Settlement and partition: the missing step in most “one-child” transfers

A. If the land title is still in the deceased’s name

A common reality: the Transfer Certificate of Title (TCT) remains under “Juan Dela Cruz” even after death. In that situation:

You cannot properly transfer the title to a buyer (even another child) without settling the estate.
The Registry of Deeds and the BIR process (eCAR/CAR, taxes) typically require estate settlement documents before a clean transfer can be registered.

B. Estate settlement routes

Extrajudicial settlement (EJS) (common, faster) Usually used when:
- The decedent left no will (or at least no will being enforced),
- The heirs are identifiable,
- Debts are paid or addressed,
- Heirs are all of age (or represented properly if minors exist).
Typically involves:
- A notarized Deed of Extrajudicial Settlement (with partition if dividing),
- Publication requirement (commonly once a week for three consecutive weeks),
- Payment of estate taxes and securing BIR clearance/eCAR,
- Registration with the Registry of Deeds.
Judicial settlement (court-supervised) Used when:
- There is a will to probate,
- There are disputes among heirs,
- There are issues with heirs, debts, minors, or unclear ownership.

C. Partition

Partition is the process of converting undivided shares into exclusive ownership of specific portions (or distributing by sale proceeds if division is impractical). Partition may be:

Extrajudicial (by agreement) in a deed; or
Judicial through court.

Without partition, a buyer of one heir’s share generally remains a co-owner, not a sole owner of a defined piece.

5) “Sale” vs “Waiver/Renunciation” vs “Assignment of hereditary rights”

In family arrangements, documents are often mislabeled. The differences matter legally and tax-wise.

A. Sale of undivided share

A contract of sale where an heir sells his/her share to a sibling.
Buyer becomes co-owner to that extent.
Can trigger sale-related taxes/fees depending on structuring and BIR treatment.

B. Waiver / renunciation of inheritance

Philippine succession rules allow an heir to repudiate inheritance, but formalities apply (typically in a public instrument). Two important patterns:

Pure renunciation (in effect, the heir rejects and the share accrues according to succession rules)
Renunciation/waiver in favor of a specific person (often treated as a transfer akin to donation/assignment)

In practice, “waiver in favor of one sibling” is frequently treated as a transfer rather than a mere refusal, which can have tax consequences.

C. Assignment of hereditary rights

An heir may assign his/her hereditary rights before partition. This is a recognized concept: the buyer purchases the heir’s participation in the estate (not necessarily a specific lot portion).

6) If one child sells to another child, does legal redemption apply?

Two redemption concepts often come up:

Redemption among co-heirs when a co-heir sells hereditary rights to a stranger before partition (with a short period counted from written notice).
Redemption among co-owners when a co-owner sells an undivided share to a third person (also counted from written notice).

Key point for your scenario: If the share is sold to another sibling/heir (not a stranger), legal redemption is generally not the tool. The bigger issue is usually scope (only the seller’s share can be transferred) and estate settlement/partition.

7) Common scenarios and what they mean legally

Scenario 1: Parent dies; 3 children inherit; Child A sells “the land” to Child B without Child C’s signature

Likely effect: B acquires only A’s undivided share, not C’s.
C remains co-owner and may:
- Demand partition, or
- Challenge documents that pretend to transfer C’s share.

Scenario 2: Child A executes an affidavit claiming to be “sole heir,” transfers title to himself, then sells to Child B

If the “sole heir” claim is false:
- Other heirs can seek cancellation/reconveyance based on fraud/invalid settlement,
- Especially where the buyer is a family member who knows other heirs exist (making “good faith” defenses weak).

Scenario 3: A fraudulent title transfer is made, then the property is sold to an unrelated third party who appears in good faith

This becomes more complex because Philippine land registration (Torrens system) strongly protects innocent purchasers for value who rely on a clean title.
Often, the excluded heirs’ remedy shifts toward recovering damages from the wrongdoer rather than recovering the land from a protected buyer—depending on facts like notice, annotations, and timing.

8) Special caution: the surviving spouse may be an owner even before inheritance is computed

If the deceased was married, you must first identify the property regime:

Absolute Community of Property (many marriages after the Family Code default to this absent a marriage settlement), or
Conjugal Partnership of Gains (common in older setups), or
Separation regimes (less common).

If the land is community/conjugal property:

Only the deceased’s share (often 1/2) is part of the estate.
The surviving spouse may own the other half outright, plus may inherit further as an heir.
A child selling without involving the spouse can be doubly defective.

9) Requirements to validly convey inherited land (typical practical checklist)

A. Identify ownership and heirs correctly

Get the title (TCT/OCT) and tax declarations.
Confirm if the registered owner is deceased.
Confirm all heirs (children, surviving spouse, and possibly others by representation).

B. Settle the estate

Judicial or extrajudicial settlement as appropriate.
Publication (for EJS) and registration steps.

C. Pay taxes and secure BIR clearance

Estate tax compliance is typically required before transfer.
For subsequent sale/transfer, additional taxes/fees may apply (e.g., documentary stamp tax, transfer tax, registration fees; and depending on structure, capital gains tax or donor’s tax issues may arise).
Tax rates and documentary requirements can change; what matters structurally is that the BIR clearance process is usually a gatekeeper for registrable transfers.

D. Register the correct instrument

If the intent is “all siblings give the land to one child,” that is usually done via:
- EJS with adjudication/partition in favor of that child, plus waivers/assignments by the others; or
- EJS transferring to all heirs, then a second transfer consolidating to one child (sale/donation/assignment), depending on the plan.

Attempting to do it with only one heir signing a “Deed of Sale” for the whole property is where disputes begin.

10) What remedies do non-consenting siblings typically have?

Depending on what happened (mere private deed vs registered transfer; fraud vs mistake; buyer is sibling vs outsider), common remedies include:

Partition
- To force physical division or sale and division of proceeds.
Annulment/nullity of deed and/or settlement documents
- If signatures were forged, heirs were excluded, or the instrument is legally defective.
Reconveyance / cancellation of title
- Particularly when a co-heir fraudulently titled the property in his name.
Quieting of title / removal of cloud
- When documents create uncertainty over true ownership.
Injunction / lis pendens / adverse claim annotation
- To prevent further transfers while the dispute is pending (facts and timing matter greatly).
Damages
- Against the sibling who wrongfully sold or misrepresented ownership, and sometimes against other responsible parties.
Criminal complaints (fact-dependent)
- Forgery, falsification, or estafa may be implicated when there are false documents or misrepresentations, but criminal liability depends on evidence and specific elements.

11) High-risk fact patterns that often decide the outcome

A. Whether the buyer can claim “good faith”

If the buyer is a sibling/co-heir, it is usually harder to claim ignorance that other heirs exist.

B. Whether the transfer was registered and how

Unregistered deeds may still bind parties but are weaker against third persons.
Registered transfers can create stronger presumptions, but fraudulent roots can still be attacked—especially when the transferee is not protected as an innocent purchaser.

C. Whether the property was covered by special laws

Examples that can complicate or restrict transfer:

Agrarian reform-covered lands (restrictions on transfer; DAR requirements)
Ancestral domain/indigenous lands (special rules)
Properties with liens, mortgages, adverse claims, notices of levy, or pending cases

12) The practical bottom line in Philippine context

A single heir cannot sell the entire inherited land without the other heirs’ consent.
A single heir can generally sell only his/her undivided share, making the buyer a co-owner, not a sole owner of the entire property.
To cleanly place the property in the name of just one child, the lawful route is usually estate settlement + partition/adjudication, with the other heirs executing proper waivers/assignments/sales/donations and completing tax and registration requirements.
Attempts to shortcut the process—especially through “sole heir” affidavits, missing heirs, or forged signatures—commonly lead to reconveyance suits, title cancellation, and potential criminal exposure.