Persons and Family

ADILLE V. CA 157 SCRA 455- Co-ownership

ADILLE V. CA

157 SCRA 455

FACTS:

Alzul originally owned the land. She had Adille as child from first marriage and Asejos from the second marriage. She sold the land pacto de recto but wasn't able to repurchase because she died. Adille was able to redeem the land and was able to place the title to the land solely in his name. This prompted his siblings and the heirs to file an action for partition and
accounting.

HELD:

Failure on the part of all the co-owners to redeem the property entitles the vendee a retro to retain the property and consolidate title thereto to his name. Even so, this doesn’t mean that the redeeming co-owner has the right to the entire property. It doesn't provide a mode of transferring co- ownership.


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