Short answer. Yes, you can — but only if the four-year window has not closed. Under Article 763 of the Civil Code, the revocation right is transmitted upon the donor's death to his legitimate and illegitimate children and descendants. You step into your father's shoes, but the same four-year prescriptive period applies.
What the law says
The action for revocation or reduction on the grounds set forth in article 760 shall prescribe after four years from the birth of the first child, or from his legitimation, recognition or adoption, or from the judicial declaration of filiation, or from the time information was received regarding the existence of the child believed dead. This action cannot be renounced, and is transmitted, upon the death of the donor, to his legitimate and illegitimate children and descendants.
Civil Code, Article 763 — Four Years to Bring the Action. Read the full provision →
The grounds that give rise to this right
Article 763 links back to Article 760, which lists the events that allow a donation to be revoked or reduced. Those events are: the donor having a child after making the donation, a child of the donor who was believed dead turning out to be alive, and the donor subsequently adopting a minor child. All three are based on the idea that the donor, at the time of the donation, had no children or descendants — and that changed circumstances involving a child justify reconsidering the gift.
How the right passes to the children
Article 763 is explicit: this action cannot be renounced, and is transmitted, upon the death of the donor, to his legitimate and illegitimate children and descendants. Both legitimate and illegitimate children of the donor inherit the right to bring the action. You do not need to have been the child whose birth triggered the ground for revocation — any child or descendant of the donor can pursue it after the donor dies. The right is not something the donor could have bargained away; the law makes it non-renounceable.
The four-year window — and when it runs
The single most critical issue for you tonight is the prescriptive period. The action prescribes after four years from the birth of the first child — in your situation, from when you were born. The period also runs from legitimation, recognition, adoption, judicial declaration of filiation, or from when information was received about a child believed dead, depending on which event applies. If those four years have already passed since the triggering event — and your father never brought the action — the right may have prescribed, which would mean neither your father's estate nor you as heirs can revive it. Check the dates carefully.
What you should do now
Before taking any steps toward revocation, work out exactly when the triggering event occurred and whether the four-year period has already expired. If it has not, you and your co-heirs can pursue the action, but you will need to act promptly. If the period has run, the action is likely barred regardless of how strong the underlying grounds were. Given the time-sensitivity, this is not a situation where waiting for more information is advisable — the prescriptive clock does not pause while you deliberate.