Short answer. You must ask, not grab. Article 953 forbids a legatee or devisee from taking possession of the gift on his own authority. You have to request its delivery from the heir charged with the legacy, or from the executor or administrator of the estate if the court has authorized that person to deliver it. Self-help possession is not allowed.
What the law says
The legatee or devisee cannot take possession of the thing bequeathed upon his own authority, but shall request its delivery and possession of the heir charged with the legacy or devise, or of the executor or administrator of the estate should he be authorized by the court to deliver it.
Civil Code, Article 953 — No Self-Help Possession. Read the full provision →
No taking the thing on your own say-so
Even when a will names a specific item as yours, you cannot simply help yourself to it. Article 953 is explicit: The legatee or devisee cannot take possession of the thing bequeathed upon his own authority. Being named in the will gives you a right to the thing, but not a license to seize it. Possession must come to you through the proper channel — a formal delivery — rather than by you walking in and carrying the item away. Grabbing it yourself, however sure you are of your entitlement, is exactly what the article prohibits.
You request delivery from the right person
Instead of self-help, the article tells you what to do: request its delivery and possession of the heir charged with the legacy or devise, or of the executor or administrator of the estate should he be authorized by the court to deliver it. So you ask the heir who was burdened with your legacy to hand it over; or, where the estate is under administration, you ask the executor or administrator — but only if the court has authorized that person to make the delivery. The right to receive the item is channeled through whoever is properly responsible for handing it out.
Why the estate must pass through settlement first
The rule exists because a deceased person's property does not pass in a free-for-all. The estate has to be settled: debts and obligations are accounted for, and the person in charge oversees an orderly distribution. Letting each beneficiary seize whatever the will mentions would throw that process into chaos and could prejudice creditors and other heirs. By routing delivery through the charged heir or the court-authorized administrator, the law keeps the estate under control and ensures that gifts are handed out in proper order rather than grabbed piecemeal.
What this means if delivery is refused
Your remedy for a stubborn heir or administrator is a lawful demand for delivery, not force. If the person responsible will not hand over the item you are entitled to, you press your claim through the settlement of the estate rather than by taking matters into your own hands. Article 953 does not weaken your right to the specific thing; it simply channels how you obtain possession of it. The takeaway is practical: identify who is charged with delivering your legacy, and make your request to that person the proper way.