Short answer. No, not for rescission. Article 1102 of the Civil Code bars an heir who has sold the whole or a considerable part of their adjudicated real property from filing an action to rescind the partition on the ground of lesion. But you retain the right to be compensated in cash.
What the law says
An heir who has alienated the whole or a considerable part of the real property adjudicated to him cannot maintain an action for rescission on the ground of lesion, but he shall have a right to be indemnified in cash.
Civil Code, Article 1102 — An Heir Who Has Sold Cannot Sue. Read the full provision →
Selling the property closes the door to rescission
Partition of an estate can be rescinded on the ground of lesion — that is, when an heir received significantly less than their rightful share. But that remedy is designed to undo the partition and redistribute the property. Article 1102 of the Civil Code recognises that rescission becomes impractical when the heir who was shortchanged has already sold most of what they received: the property is gone, third-party buyers are involved, and unwinding the partition would harm innocent people. So the law closes the rescission option for that heir — but does not leave them without a remedy.
Cash indemnity replaces rescission
Article 1102 preserves the heir's right to indemnity in cash. If you can show that the partition gave you less than your correct share — whether through miscalculation, undervaluation of the estate, or deliberate unfairness — you are entitled to monetary compensation for the shortfall. The other heirs who received more than their share must make up the difference. You do not lose your substantive right simply because you exercised your ownership of the adjudicated property by selling it. The remedy shifts from undoing the partition to correcting the imbalance financially.
What counts as 'alienation of a considerable part'
The article bars rescission when an heir has alienated the whole or a considerable part of the real property adjudicated to them. Selling a minor or insignificant portion may not trigger this bar. The word 'considerable' is not defined numerically in the statute; it is a factual assessment based on the proportion of the property disposed of. If you sold the bulk of what you received — most of the land, the main parcel, or the most valuable part — the bar almost certainly applies. If you sold only a small or peripheral portion, there may still be room to argue for rescission of the remainder, though this depends on the specific facts.
Acting on a claim for cash indemnity
To pursue indemnity in cash, you need to establish what your correct share was and what you actually received. This requires reviewing the estate's valuation at the time of partition, the composition of each heir's share, and the basis on which the adjudication was made. If the other heirs dispute your claim or the amounts involved, the matter may need to go to court. Keep all documents from the estate settlement — the inventory, the partition agreement, the deed of adjudication, and evidence of what you received and sold. A lawyer can help you quantify the shortfall and pursue recovery.