Partition of an estate Sections 1745 – 1755

By | 3 กันยายน 2019


Section 1745 Until the partition of the estate is completed, the rights and duties of the co-heirs as regards the estate are in common, and Section 1356 to Section 1366 of this Code shall be applied in so far as they are not inconsistent with the provisions of this Book. Section 1746 Subject to the provisions of laws or clauses in the will, if any, co-heirs are presumed to have equal shares in the undivided estate.

Section 1747 Where an heir has, during the lifetime of the de cujus, received from the latter any property or other advantage by gift or by other acts under gratuitous title, the rights of such heir in the partition of the estate shall in no way be prejudiced thereby.

Section 1748 Any heir in possession of the undivided estate is entitled to claim partition thereof even after the lapse of the period of prescription as specified in Section 1754. The right to demand partition as provided in the foregoing paragraph may not be excluded by a juristic act for a period exceeding ten years at a time.

Section 1749 When an action for partition of an estate in entered in court, every person claiming to be an heir entitled to such estate may intervene in the action.
The court can neither call in to participate in the partition other heirs than the parties or the intervener in the action, nor reserve a part of the estate for such other heirs.

Section 1750 Partition of the estate may be made by the heirs severally taking possession of the property or by selling the estate and dividing the proceeds of sale between the co-heirs.

Section 1751 After the partition of an estate, if any heir is by reason of eviction deprived of the whole or a part of the property allotted to him under the partition, the other heirs are bound to compensate him.

Such obligation ceases if there is an agreement to the contrary, or if the eviction results from the fault of the heir evicted or from a cause arising after the partition.

The heir evicted shall be compensated by the other heirs in proportion to their shares, less the quota corresponding to that of the heir evicted; if any of the heirs bound to make compensations insolvent. The other heirs shall be liable for the part of the insolvent heir in the same proportion less the quota corresponding to that of the compensated heir.

The provisions of the foregoing paragraphs shall not be applied to a legatee under a particular title.

Section 1752 No action for liability on account of eviction under Section 1751 can be entered later than three months after the date of eviction.



Section 1753 Subject to the rights of the creditor of the estate, where on the death of a person, there is no statutory heir or legatee or creation of foundation under a will, the estate devolves on the state.



Section 1754 An action concerning inheritance cannot be entered later than one year after the death of the de cujus or after the time when the statutory heir knows or ought to have known of such death.

An action concerning a legacy cannot be entered later than one year after the time when the legatee knows or ought to have known of the rights to which he is entitled under a will. Subject to the provisions of Section 193/17 of this Code, a creditor having against the de cujus a claim which is subject to a prescription longer than one year is barred from bringing an action after one year from the time when he knows or ought to have known of the death of the de cujus.

In no case shall claims under the foregoing paragraphs be entered later than ten years after the death of the de cujus.

Section 1755 The prescription of one year can be set up only by an heir or a person entitled to exercise the rights of an heir or by an administrator of the estate.