Short answer. When giving property of the same kind is impracticable, co-heirs are entitled to the equivalent in cash or securities at the rate of quotation if the donated property was immovable. If there is no cash or marketable securities in the estate, other property may be sold at public auction to raise the equivalent amount.

What the law says

if the property donated was immovable, the co-heirs shall be entitled to receive its equivalent in cash or securities, at the rate of quotation; and should there be neither cash or marketable securities in the estate, so much of the other property as may be necessary shall be sold at public auction

Civil Code, Article 1074 — When Equalising in Kind Is Impracticable. Read the full provision →

Why this rule exists

Collation aims to equalize what compulsory heirs receive, so that a gift made during the donor's lifetime does not unfairly reduce the shares of the other heirs. The preferred method is for co-heirs to receive property of the same kind as what was donated to you. But land and other specific assets are not always divisible or fungible — there may simply be no comparable immovable in the estate to give them. Article 1074 steps in with a practical alternative so that equalization can still happen even when kind-for-kind distribution is impossible.

Immovable property: cash, securities, or auction proceeds

If what you received by donation was immovable property, Article 1074 sets out a clear cascade. First, your co-heirs are entitled to "its equivalent in cash or securities, at the rate of quotation." This means the estate's available cash or marketable securities are used to match the value of your donation. If neither cash nor marketable securities are available in the estate, the law allows the estate to raise the needed funds by selling other estate property at public auction — as much as is necessary to cover the equivalent value. The auction proceeds then go to equalize your co-heirs' shares.

Movable property: choose equivalent personal property

The rule is different when the donated property was movable. Article 1074 gives co-heirs only the right to "select an equivalent of other personal property of the inheritance at its just price." There is no right to demand cash or to require an auction in this case. Your co-heirs pick from the available personal property in the estate, at its fair market value, to match what you received. This is a narrower right than what applies to immovables — no cash payment mechanism and no public auction fallback.

Practical implications for your situation

The value used for this equalization exercise — whether in cash, securities, or equivalent property — follows the value at the time of donation under the general collation rules, not the current value of the land. If your co-heirs are pressing a collation claim, the starting point is what the property was worth when it was donated to you. The rule in Article 1074 does not change that valuation; it only determines the form of equalization when in-kind distribution fails. Whether your situation truly makes in-kind distribution impracticable, and what the donation was worth at the relevant time, are factual questions that will matter greatly to the outcome.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.