The parties admit that the owner of the estate, subject matter of the extrajudicial partition agreement, was Pelagia de la Cruz, who died intestate; that defendant-appellant (De la Cruz)is a nephew of the said decedent; that plaintiff-appellee (De los Santos) is a grandniece of Pelagia de la Cruz, her mother, Marciana de la Cruz, being a niece who predeceased said Pelagia de la Cruz; and that the purpose of the extrajudicial partition agreement was to divide and distribute the estate among the heirs of Pelagia de la Cruz.
What is the effect of an extra-judicial partition which included a person who is not an heir of the deceased?
The extrajudicial partition agreement is void with respect to plaintiff-appellee.
Article 1105 of the Civil Code provides: “A partition which includes a person believed to be a heir, but who is not, shall be void only with respect to such person.” Partition of property affected between a person entitled to inherit from the deceased owner thereof and another person who thought he was an heir, when he was not really and lawfully such, to the prejudice of the rights of the true heir designated by law to succeed the deceased, is null and void. A fortiori, plaintiff-appellee could hardly derive from the agreement the right to have its terms enforced.