Short answer. No. Forgetting a piece of property does not rescind the partition already made. Article 1103 of the Civil Code says the solution is to complete the partition by distributing the omitted item — not to start over. The original division of everything else stands.
What the law says
The omission of one or more objects or securities of the inheritance shall not cause the rescission of the partition on the ground of lesion, but the partition shall be completed by the distribution of the objects or securities which have been omitted.
Civil Code, Article 1103 — Omitted Objects Do Not Undo the Partition. Read the full provision →
What the law says about omitted assets
Article 1103 sets a practical rule: leaving something out of a partition does not give anyone a ground to undo the entire agreement. The partition is completed, not restarted. The heirs simply need to go back, identify the omitted property or securities, and distribute those separately among themselves according to their rightful shares. Everything that was already divided and assigned remains in place.
Why the law protects the existing partition
Estate partitions often take considerable time and effort — court proceedings, appraisals, negotiations among siblings, and registration of titles. Allowing one overlooked asset to unravel all of that would be grossly disproportionate to the oversight. The law recognizes that forgetting a parcel is a common human error in complex estates, and it responds with a proportionate remedy: deal with what was missed, leave the rest alone. Lesion — unfairness in value — tied to the omission is not a basis to rescind.
How to handle the omitted property
The heirs who signed the original partition agreement should prepare a supplemental deed covering only the omitted land. This document identifies the property, confirms who inherits it and in what proportions, and is executed with the same formalities as the original — notarized, and registered with the Registry of Deeds if a transfer of title is involved. The supplemental deed does not reopen the settled partition; it simply completes it. If the heirs cannot agree on how to divide the omitted asset, the court can resolve that dispute without revisiting the earlier settlement.
When complications arise
Problems can emerge if the omitted property turns out to be significantly more valuable than anticipated, or if one heir argues the overall partition was inequitable once the missing asset is factored in. Article 1103 specifically bars rescission on the ground of lesion due to the omission, but that does not necessarily foreclose other grounds for challenging the original partition if those grounds exist independently. If there is any dispute about whether the omission was accidental or concealed, or if the asset is high-value, legal advice before signing a supplemental deed can prevent a second round of conflict.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Heirs of Juana Gaudine, et al. vs. Court of Appeals, et al, G.R. No. 119879, March 11, 2004 — read the decision on LawPhil →