Sale or Encumbrance of Real Estate of a Deceased Person Without Written Consent of the Heirs
Act No. 3882, approved on November 14, 1931, allows for the sale or encumbrance of a deceased person's real estate without needing written consent from the heirs or other interested parties. The amendment to Section 714 of the Code of Civil Procedure permits the executor or administrator to seek court approval for such actions when the deceased's estate lacks sufficient personal property to cover debts, or when selling the property is in the best interest of the estate participants. The court must provide notice to the interested parties and ensure that the sale or encumbrance does not conflict with any existing testamentary dispositions. This law applies to all pending testamentary or intestate proceedings at the time of its approval.
Law Information
- Reference Number
- Act No. 3882
- Date Enacted
- Category
- Statutes
- Subcategory
- Acts
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
November 14, 1931
ACT NO. 3882
AN ACT AUTHORIZING THE SALE OR ENCUMBRANCE OF THE REAL ESTATE OF A DECEASED PERSON WITHOUT NECESSITY OF THE WRITTEN CONSENT OF THE HEIRS, DEVISEES, AND OTHER PERSONS INTERESTED IN THE ESTATE, AND AMENDING THE CODE OF CIVIL PROCEDURE ACCORDINGLY
SECTION 1. Section seven hundred and fourteen of the Code of Civil Procedure, as amended by Act Numbered Twenty-eight hundred and eighty-four, is hereby further amended to read as follows:
"SEC. 714. Realty may be sold or encumbered. — When there is no personal estate of the deceased or when, though there be such, its sale would redound to the detriment of the interests of the participants in the estate and the deceased has left no testamentary disposition for the payment of his debts and charges of administration, the court, on application of the executor or administrator, and on written notice to the heirs, devisees, and other persons interested, may grant him a license to sell, mortgage or otherwise encumber for that purpose real estate, if it clearly appears that such sale, mortgaging or encumbrance would be beneficial to the persons interested and will not defeat any devise of land; in which case the assent of the devisee shall be required."
SECTION 2. This Act shall take effect on its approval and shall be applicable to all testamentary or intestate proceedings pending at the time of its approval.
Approved: November 14, 1931
Cite This Law
Sale or Encumbrance of Real Estate of a Deceased Person Without Written Consent of the Heirs, Act No. 3882, Nov 14, 1931 (Philippines)
Sale or Encumbrance of Real Estate of a Deceased Person Without Written Consent of the Heirs, Act No. 3882 (Phil. 1931)
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