Civil Code, Article 1103 — Omitted Objects Do Not Undo the Partition

What this article means

The omission of one or more objects or securities of the inheritance does not cause the rescission of the partition on the ground of lesion — the partition is simply completed by distributing the omitted objects.

This provision addresses a different problem from lesion in value: an object or security that was simply left out of the partition altogether, whether by oversight or incomplete inventory. Rather than reopening and rescinding the entire partition — which would unsettle shares already agreed upon and distributed — the law treats the omission as a gap to be filled. The heirs proceed to distribute the omitted item separately, following the same shares already fixed, leaving the rest of the partition undisturbed.

Questions about this provision

• We forgot to include one piece of land in our estate partition — does that mistake void the whole partition?
• Some estate property was left out of our partition — do we redo the whole thing?

Related provisions

• Article 1102 — An Heir Who Has Sold Cannot Sue.
• Article 1104 — Preterition in the Partition Itself.

Cases citing this article

• Heirs of Juana Gaudine, et al. vs. Court of Appeals, et al, G.R. No. 119879, March 11, 2004 — read the decision on LawPhil →

Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.