Practice question
Three heirs must partition an indivisible estate asset. Two propose assigning it to one heir with cash equalization. The third demands sale at public auction with strangers allowed to bid. Assuming Article 1086 applies and no contrary controlling arrangement, what must occur?
- The eldest heir decides conclusively.
- The third heir must accept installments regardless of agreement.
- The asset must be destroyed to obtain equal physical pieces.
- The public auction demanded by an heir must be held with strangers allowed to bid.
- The proposed recipient automatically takes the entire asset without equalization.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1078–1087 and1091.
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