Section 1750.- Partition of the estate may be made by the heirs severally taking possession of the property or by selling the estate and dividing the proceeds of sale between the co-heirs. If partition is not effected according to the foregoing paragraph but is made by agreement, such agreement is not enforceable unless there be some written evidence signed by the party to be liable or his agent, and in such case Section 850 and Section 852 of this Code concerning compromise shall apply mutatis mutandis.

 

Section 1751.- After the partition of an estate, if any heir is by reason of eviction deprived of the whole or a part of the property allotted to him under the partition, the other heirs are bound to compensate him.

Such obligation ceases if there is an agreement to the contrary, or if the eviction results from the fault of the heir evicted or from a cause arising after the partition.

The heir evicted shall be compensated by the other heirs in proportion to their shares, less the quota corresponding to that of the heir evicted ; if any of the heirs bound to make compensation is insolvent, the other heirs shall be liable, in the same proportion, for the part of the insolvent heir, less the quota corresponding to that of the compensated heir.

The provisions of the foregoing paragraphs shall not apply to a legatee under a particular title.

 

 Section 1752.- No action for liability on account of eviction under Section 1751 can be entered later than three months after the date of eviction. 

 

TITLE V

VACANT ESTATES 

 

Section 1753.- Subject to the rights of the creditor of the estate, where on the death of a person there is no statutory heir or legatee or creation of foundation under a will, the estate devolves on the State.

 

TITLE VI

PRESCRIPTION 

 

Section 1754.- An action concerning inheritance cannot be entered later than one year after the death of the de cujus or after the time when the statutory heir knows or ought to have known of such death.

An action concerning a legacy cannot be entered later than one year after the time when the legatee knows or ought to have known of the rights to which he is entitled under the will.

Subject to the provisions of Section 193/17 of this Code, a creditor having against the de cujus a claim which is subject to a prescription longer than one year is barred from bringing an action after one year from the time when he knows or ought to have known of the death of the de cujus.

In no case shall claims under the foregoing paragraphs be entered later than ten years after the death of the de cujus.

 

 Section 1755.- The prescription of one year can be set up only by the heir or the person entitled to exercise the rights of the heir or by the administrator of the estate.