Text of the provision
Sec. 4. When court may authorize sale of estate as beneficial to interested persons; Disposal of proceeds. — When it appears that the sale of the whole or a part of the real or personal estate, will be beneficial to the heirs, devisees, legatees, and other interested persons, the court may, upon application of the executor or administrator and on written notice to the heirs, devisees and legatees who are interested in the estate to be sold, authorize the executor or administrator to sell the whole or a part of said estate, although not necessary to pay debts, legacies, or expenses of administration; but such authority shall not be granted if inconsistent with the provisions of a will. In case of such sale, the proceeds shall be assigned to the persons entitled to the estate in the proper proportions.
Rules of Court, Rule 89, Section 4. Reproduced verbatim and verified word-for-word against four independently published renderings of the Rules of Court — only text on which at least two independent publishers agree is shown.
About this section
This is Section 4 of Rule 89 (Sales, Mortgages, And Other Encumbrances Of Property Of Decedent) of the Rules of Court of the Philippines — the Special Proceedings rules (Rules 72–109), in force since January 1, 1964. The text above is reproduced verbatim.
Related provisions
- Section 3 — Persons interested may prevent such sale, etc., by giving bond.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.