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Indiviso Share in Lot No. 2798. However, Because The Property Had Not Yet Been
Indiviso Share in Lot No. 2798. However, Because The Property Had Not Yet Been
114151
-versus-
Art. 493. An alienation of a co-owned property shall be limited to the portion which
may be allotted to (the seller) in the division upon the termination of the co-
ownership.
ISSUE/S
Whether as an heir of the Alejandrino property, Laurencia may validly sell specific
portions thereof to a third party
CONCLUSION
No. In the instant case, Laurencia was within her hereditary rights in selling her pro
indiviso share in Lot No. 2798. However, because the property had not yet been
partitioned in accordance with the Rules of Court, no particular portion of the property
could be identified as yet and delineated as the object of the sale. A co-owner has the
right to alienate his pro-indiviso share in the co-owned property even without the consent
of the other co-owners. Nevertheless, as a mere part owner, he cannot alienate the
shares of the other co-owners. The prohibition is premised on the elementary rule that
“no one can give what he does not have” (Nemo dat quod non habet).