Practice question
Two heirs execute and publish an extrajudicial-settlement deed, falsely reciting that they are the only heirs. A third heir neither participates nor receives notice. They contend that publication alone conclusively binds the omitted heir and instantly extinguishes the omitted share. Under Rule 74, section 1, which is correct?
- Publication conclusively validates every false heirship recital
- An omitted heir has no rights if a deed was notarized
- The deed is not made binding on the nonparticipating, unnotified heir merely by that publication
- A false sole-heir recital creates actual sole heirship
- Registration abolishes all succession rights
Legal references
- https://lawphil.net/courts/supreme/rc/rc_72-109_proceedings.html — Rules of Court, Rule 74, sections 1–5.
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