Practice question
Heirs otherwise qualify for Section1 but disagree over division. Counsel says disagreement necessarily requires appointing a general administrator before any partition remedy. Which is correct?
- An administrator is invariably indispensable
- Section1 expressly permits an ordinary partition action in the stated disagreement setting
- Disagreement extinguishes the estate
- Only a private auction is allowed
- The eldest heir conclusively fixes shares
Legal references
- Rules74 and76–79, relevant procedural provisions (current competent court assumed, without obsolete court labels or monetary jurisdiction): https://lawphil.net/courts/rules/rc_72-109_proceedings.html
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