Saturday, February 04, 2012

Zaragoza vs. CA

Facts: Decedent left parcels of land and 4 children. Respondent (daughter) filed a complaint against petitioners (son with his wife) for the delivery of her inheritance share consisting of 2 lots. She alleged that their shares were given to them in advance but because she became an American citizen by marriage, no formal deed of conveyance was executed in her favor. When the case went to the CA, the court ruled for respondent, holding that the 2 lots were part of her inheritance.

Issue: Whether or not the partition inter vivos of the decedent is valid

Held: Yes. SC ruled that Art. 1080 allows partition inter vivos as long as legitimes are not impaired. However, since not all the heirs were impleaded in this case, the petition must necessarily fail without prejudice to a new proceeding where all indispensable parties are impleaded to determine whether or not their legitimes were impaired.

Digg Google Bookmarks reddit Mixx StumbleUpon Technorati Yahoo! Buzz DesignFloat Delicious BlinkList Furl

0 comments: on "Zaragoza vs. CA"

Post a Comment