Short answer. No. The right to revoke a donation for ingratitude does not pass to the donor's heirs if the donor died without filing the action. The Civil Code is explicit: this action is not transmitted to heirs when the donor did not institute it himself, even if he had the right and time to do so.
What the law says
This action shall not be transmitted to the heirs of the donor, if the latter did not institute the same, although he could have done so, and even if he should die before the expiration of one year.
Civil Code, Article 770 — Non-Transmission Of The Action. Read the full provision →
The right dies with the donor if he did not file
Article 770 of the Civil Code states plainly that the action for revocation due to ingratitude shall not be transmitted to the heirs of the donor if the donor did not file it himself. The law adds two important phrases: even if the donor could have filed the action, and even if he dies before the one-year prescriptive period expires. The right was personal to the donor. If the donor chose not to exercise it — or simply ran out of time — that choice or circumstance cannot be undone by the heirs after his death.
Why this right is personal to the donor
A donation based on ingratitude involves a deeply personal relationship between the donor and the donee. The offense was committed against the donor specifically — his feelings, his trust, and his act of generosity were what was wronged. Whether to forgive or to revoke was always the donor's decision to make. The law respects that this decision cannot be made posthumously by someone else. Heirs of the donor have no standing to demand revocation of a gift the donor himself either chose not to revoke or simply never got around to challenging.
What 'did not institute the same' means
The action is considered instituted when the donor files a formal complaint in court. A demand letter, a statement of intent, or an incomplete preparation does not suffice. If your father sent a letter to the donee expressing his intent to revoke but never actually filed the case in court, the action was not instituted. Only a complaint actually filed in the proper court starts the action. Without that step taken during the donor's lifetime, there is nothing for the heirs to continue or inherit.
What you can still do as heirs
You cannot revoke the donation on grounds of ingratitude — that avenue is closed. However, depending on the facts, there may be other angles worth exploring. If the donated property was part of the estate and the donation was inofficious — meaning it exceeded what your father could freely give without impairing the legitimes of compulsory heirs — you may have grounds to seek its reduction through an action for reduction of inofficious donations. This is a different legal basis from ingratitude and has different rules. A lawyer can review the specific donation and estate to advise whether another remedy exists.