Tuesday, December 18, 2012

Partition of Estate

Partition among heirs is not legally deemed a conveyance of real property resulting in change of ownership. It is not a transfer of property from one to another, but rather, it is a confirmation or ratification of title or right of property that an heir is renouncing in favor of another heir who accepts and receives the inheritance. It is merely a designation and segregation of that part which belongs to each heir. The Deed of Extra-Judicial Partition cannot, therefore, be considered as an act of strict dominion. Hence a special power of attorney is not necessary.

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