consisting of several real estate properties located in Quezon City and Caloocan City, with a conservative estimated value of about P30 million. The decedent was succeeded by eight heirs, two of whom are the petitioners herein, and the others are the private respondents.
Herodotus Acebedo and 7 others
were left an estate consisting of real properties in Quezon City and Caloocan City. Acebedobecame the administrator pending partition. In themeantime, the property is owned in common by the heirs.
Miguel Acebedo et al (respondents)
then filed a Motion for Approval of Sale for them to sell their shares from the estate. The court approved the motion. Respondents were able to find a buyer in the person of Yu Hwa Ping who agreed to buy the properties for P12 Million. He paid P6 million as earnest money.
Acebedo (petitioner)assailed the
approval of the sale claiming that the price is quite low. The court ordered Miguel et al to find a higher bidder within a specified time frame which was later extended to 7 months but still no other buyer could provide better terms.
It was agreed by the parties that
respondents sell their share to the price already agreed upon with Ping and that Acebedocan negotiate his price with Ping. But Acebedostill filed a Supplemental Opposition against the approval of the conditional sale. The court affirmed the approval of the sale and ordered Acebedoto sell his share at the same rate that the other heirs sold their share to Ping.
ISSUE:Whether or not the other
heirs can sell their shares of the estate prior to adjudication.
HELD:Yes. An heir can sell his share without
final adjudication. An heir is a co-owner of the property (estate) before adjudication. Although the Rules of Court do not specifically state that the sale of an immovable property belonging to an estate of a decedent, in a special proceeding, should be made with the approval of the court, this authority is necessarily included in its capacity as a probate court. Therefore, it is clear that the probate court in the case at bar, acted within its jurisdiction in issuing the Order approving the Deed of Conditional Sale.