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Cabrera vs. Ysaac

JUAN P. CABRERA, PETITIONER, VS. HENRY YSAAC, RESPONDENT.

G.R. No. 166790 | 2014-11-19

SECOND DIVISION
 
D E C I S I O N
 
LEONEN, J.:
 
Unless all the co-owners have agreed to partition their property, none of them may sell a definite portion of the land. The co-owner may only sell his or her proportionate interest in the co-ownership. A contract of sale which purports to sell a specific or definite portion of unpartitioned land is null and void ab initio.
 
In this petition for review on certiorari,[1] Juan P. Cabrera assails the Court of Appeals' decision dated June 19, 2003[2] and resolution dated January 3, 2005.[3]  These decisions ruled that a specific performance to execute a deed of sale over a...