Children are compulsory heirs of their parents
"My mother inherited a house and lot from her parents and a title was already issued in her name. She died in 1992 leaving the said property in the possession of her two brothers. I am the only daughter and I am 20 years old now and I want to know what is my right in the said property. When can I get the property from my uncles? Thank you very much for your advice.
At the outset, it is worth mentioning that children, whether legitimate or illegitimate, are considered compulsory heirs of their parents in accordance with Article 887 of the New Civil Code which provides, to wit:“Art. 887. The following are compulsory heirs:
1. Legitimate children and descendants, with respect to their legitimate parents and ascendants2. x x x
3. x x x4. Illegitimate children.X x x.”You failed to mention in your letter whether your mother is married or not when you were conceived. Nevertheless, whether you are a legitimate or an illegitimate daughter, you are still considered as a compulsory heir of your mother and is entitled to inherit from her. Your uncles, being considered as collateral relatives, are not compulsory heirs of your mother, hence, they are excluded from inheriting from her considering that in every inheritance, the relative nearest in degree excludes the more distance ones (Article 962, New Civil Code).
Upon the death of your mother, her property, rights and obligations to the extent of the value of the inheritance are transmitted to all her heirs. This is consonance with our law on succession which provides that the rights to the succession are transmitted from the moment of the death of the decedent (Article 777, New Civil Code). Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law (Article 774, New Civil Code).Thus, upon the death of your mother in 1992, the ownership over the subject property is transmitted to you being the only heir of your mother. Since then, you already have the legal right to demand from your uncles the possession of the property.We hope we were able to enlighten you on the matter. Please take note however, that all the information contained herein are based on our appreciation of your questions. A different legal opinion may be given if other facts not included in your query will be discussed.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com."
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"Children are compulsory heirs of their parents"
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and updated on 14 September 2021