Practice question
Two heirs execute a settlement calling themselves the only heirs, while another genuine heir neither participates nor has notice. They argue that publication alone invariably makes their settlement binding on that omitted heir. What qualification does Section 1 state?
- Every publication conclusively binds every omitted person.
- A false sole-heir assertion creates sole-heir status.
- Only the signatories may ever own inherited property.
- Omitted heirs have no rights in any case.
- The settlement is not binding on a person who did not participate or had no notice, under the section's express protection.
Legal references
- https://lawphil.net/courts/supreme/rc/rc_72-109_proceedings.html — Rule 74, Section 1.
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