Category: Property, Ownership and Its Modifications
PALMITUAN V. CA
215 SCRA 866
Agatona was the owner of a parcel of land. She had two children—Pascual and Donato. Pascual died but left heirs. Donato then adjudicated to himself the land. He later conveyed the land to his daughter. Another lot was consequently sold in a public auction due to non-payment of taxes and it was Donato’s daughter who was able to redeem.
Even if a co-owner sells the whole property, the sale will affect only his own share and not the share of the other co-owners who didn't consent to the sale. Since this is the case, a co-owner is entitled to sell his undivided share, a sale of the entire property by one co-owner without the consent of the others is not null and void.