1) The core idea: inherited property is usually co-owned until partition

When a person dies, their property, rights, and obligations that are not extinguished by death pass to their heirs. In practice, before the estate is partitioned, the heirs typically hold the estate property in co-ownership. That matters because co-ownership rules control what any one heir can validly sell.

Key consequence: Until there is a valid partition (judicial or extrajudicial), no single heir can truthfully claim exclusive ownership of the entire inherited property, unless they legally became the sole owner (e.g., all other heirs validly waived/assigned their shares to that heir).

2) “Do we need all heirs’ consent to sell?” It depends on what is being sold

A. If one heir sells only their share (their “ideal/undivided interest”)

An heir/co-owner may generally dispose of their undivided share without the others’ consent.

The buyer steps into the seller’s shoes and becomes a new co-owner.
The buyer does not automatically get a specific room, floor, lot portion, or definite area. They get a share in the whole, subject to partition later.

Example: Three heirs own an inherited lot in equal shares. One heir sells “my 1/3 undivided share” to a third party. That is generally effective as to that 1/3 share.

B. If one heir sells a specific portion as if it were already assigned (when no partition exists)

Selling “the back half,” “the right side,” or “500 sqm on the north” without a partition is legally problematic.

A co-owner cannot unilaterally appropriate a definite portion that has not been partitioned.
At best, such a sale may be treated as an attempt to sell the heir’s undivided share, but it cannot bind the other heirs to respect that specific metes-and-bounds portion.

C. If one heir sells the entire property as if they were sole owner

This is the most common “sale without consent of all heirs” scenario.

General rule in co-ownership: a co-owner cannot sell what they do not own. So:

The sale is effective only up to the seller’s share, if the transaction can be treated as a sale of that share.
The sale is not effective against the non-consenting heirs’ shares.

If the deed and surrounding acts show fraud (e.g., claiming “single owner,” hiding co-heirs), the non-consenting heirs have strong grounds to challenge, seek cancellation of documents, reconveyance, damages, and possibly criminal remedies.

3) “Inherited property” sales often fail because estate settlement is skipped

A. Before any transfer to heirs (no settlement)

When the title is still in the deceased’s name, a buyer commonly asks heirs to sign documents to transfer and then sell. If one heir tries to sell alone:

The Registry of Deeds and banks usually require an estate settlement path (judicial settlement or extrajudicial settlement) and compliance documents (taxes, clearances).
Even if a deed is executed, the legal and documentary chain is vulnerable.

B. Extrajudicial Settlement (EJS): why all heirs’ participation matters

If heirs settle extrajudicially, the standard requirement is that:

the decedent left no will (intestate),
no outstanding debts (or they are provided for),
and all heirs participate (or are properly represented).

An EJS commonly results in transfer of title from the deceased to the heirs (as co-owners or per agreed partition). If not all heirs truly consented, the EJS itself can be attacked, and downstream sales become risky.

Special note: Extrajudicial settlement has a publication requirement, and there is typically a two-year period where heirs/creditors may assert claims against the estate distribution. This doesn’t mean every transfer is automatically void, but it is a recognized vulnerability period and is one reason buyers and registries are cautious.

C. Judicial settlement / administration: authority to sell may lie with the administrator, not individual heirs

If an estate is under court settlement (administrator/executor appointed), sale of estate property may require court authority. An individual heir selling on their own can collide with the court’s control over estate assets.

4) Common real-world scenarios and their legal effects

Scenario 1: One heir sells their undivided hereditary share to a stranger

Generally valid as to that share.
Other heirs may have redemption rights when a co-heir sells hereditary rights to a stranger (subject to strict timing and conditions).
Buyer becomes co-owner; can later demand partition.

Scenario 2: One heir sells the entire inherited land and signs as “sole owner”

Not binding on the other heirs’ shares.
Buyer may at most acquire whatever share the seller actually had (if the transaction is treated that way).
Non-consenting heirs may sue to protect title/possession and undo the transfer to the extent it affects them.

Scenario 3: One heir signs for others using “authority” that is fake or nonexistent

If signatures were forged or consent was fabricated, the deed is highly vulnerable and often treated as void for lack of genuine consent.
Registration does not magically cure lack of consent; however, outcomes can vary depending on facts, the buyer’s conduct, and how the title moved through subsequent purchasers. At minimum, it becomes a serious litigation risk.

Scenario 4: Some heirs consent, others are minors or absent

Minors generally require proper guardian representation and (often) court oversight for dispositions.
“Absent” or unlocated heirs can’t just be ignored; special procedures may be required, and any shortcut invites nullity challenges.

5) Rights and remedies of non-consenting heirs

A. Confirm your legal status first

You’ll usually need to establish:

you are an heir (birth/marriage records, acknowledgment, adoption papers, etc.),
the decedent’s death,
the property is part of the estate,
the sale was done without your consent and prejudices your share.

B. Civil remedies (often used in combination)

Depending on the facts, heirs may pursue:

Action to annul/cancel deed(s) and related documents Especially when consent was absent, authority was fake, or the deed misrepresented ownership.
Reconveyance / recovery of ownership share To restore the property (or your portion/share) to the rightful heirs or co-ownership.
Partition Even if a stranger bought an heir’s share, any co-owner can generally demand partition (subject to limited exceptions). Partition can clarify who owns which portion and can flush out invalid claims.
Quieting of title / removal of cloud When documents are being used to cast doubt on your ownership rights.
Damages If you suffered loss (e.g., you were deprived of use, rentals, harvests, or were forced into litigation).
Injunction / lis pendens To stop further transfers or construction and to warn third parties that the property is under dispute.

Timing/prescription: The correct prescriptive period depends on the nature of the defect (void vs. voidable vs. trust-based claims), the remedy chosen, and when you discovered the wrongdoing. Because these distinctions can decide the case, heirs typically act fast and plead multiple causes of action in the alternative.

C. Criminal remedies (fact-dependent)

If there was fraud, falsification, or deceit (e.g., forged signatures, fake SPA, pretending to be sole heir), there may be criminal exposure such as:

falsification of public documents,
estafa or related fraud offenses.

Criminal cases don’t automatically return property, but they can support pressure, accountability, and parallel civil recovery.

6) What about the buyer—are they protected?

Buyers in inherited-property deals face special risk because:

titles may still be in the decedent’s name,
heirship can be incomplete (unknown illegitimate children, prior marriages, adopted children, etc.),
estate taxes and settlement documents can be missing or defective,
consents/SPAs can be forged.

General practical reality:

If the buyer purchased only an heir’s undivided share, the buyer becomes a co-owner and must live with partition and co-owner rules.
If the buyer believed they bought the whole property but only one heir signed, the buyer typically cannot obtain more than what that heir could lawfully convey—unless all other heirs later ratify or convey their shares.

7) Special topic: selling “hereditary rights” vs. selling the “property”

There’s a meaningful difference:

Sale/assignment of hereditary rights: the heir transfers their share in the inheritance (what they stand to receive from the estate).
Sale of a specific property: the heir purports to sell the land/house itself, often as a definite object.

Where heirs sell hereditary rights to a “stranger,” co-heirs may have statutory redemption rights (with strict deadlines). This is a technical area, but it can be a powerful remedy if used on time.

8) Prevention checklist (for heirs and buyers)

For heirs (to stop unauthorized sales)

Secure certified true copies of the title, tax declaration, and latest RD annotations.
If someone is attempting a sale, consider:
- sending written notices to brokers/buyers,
- annotating a lis pendens once a case is filed,
- seeking injunctive relief if construction/transfer is imminent.
Push for proper settlement and partition to avoid “gray zone” co-ownership disputes.

For buyers (to avoid buying a lawsuit)

Verify all heirs (not just the ones presented).
Require:
- estate settlement documents (judicial or extrajudicial as appropriate),
- proof of estate tax compliance,
- IDs and personal appearance or strong authentication,
- genuine SPAs (if any) with verification.
If only one heir is selling, make sure the deed clearly states undivided share purchase—and price accordingly.

9) Practical takeaway

In the Philippines, selling inherited property without consent of all heirs is rarely “clean” unless the seller is transferring only their undivided share (and the buyer accepts becoming a co-owner). Any attempt by one heir to sell the entire property (or a specific portion without partition) cannot lawfully prejudice the shares of non-consenting heirs and often triggers civil (and sometimes criminal) consequences.

If you want, tell me the fact pattern (how many heirs, whether there was an extrajudicial settlement, whose name is on the title, and what exactly the deed says the seller sold), and I can map the most likely legal classification and strongest remedies.