I have a property for sale, my nephew has taken possession since all other heirs live abroad, please suggest the best course of action .

Presuming this is under Philippine jurisdiction, here is a concise legal guide on your situation.

When a property is inherited by several heirs, all heirs become co-owners under Article 484 of the Civil Code. No single heir, including your nephew, may claim exclusive possession or ownership unless there has been a lawful partition or written authority from all co-heirs allowing him to represent them.

A.) Confirm ownership and estate status. If the title is still in the name of the deceased, you must first settle the estate through either an Extrajudicial Settlement of Estate (if all heirs agree and there are no debts) or a Judicial Settlement before the court (if there are disputes or minors).

B.) Execute a Deed of Extrajudicial Settlement and Sale. Once the estate is settled, all heirs may collectively execute this document authorizing the sale of the property. If some heirs are abroad, they can issue a Special Power of Attorney (SPA) duly authenticated by the Philippine Consulate, empowering a representative—possibly you or your nephew—to sign and complete the transaction on their behalf.

C.) Resolve possession issues. Since your nephew is already in possession, he must account for any income or use of the property on behalf of all co-heirs. You may advise him to maintain the property but not to sell, lease, or alter it without written consent from the other heirs.

D.) Proceed with the sale legally. Once the documentation is complete, the buyer’s payment should be properly distributed among the heirs, or if represented by an attorney-in-fact, deposited in the estate account for equitable sharing.

If you wish, our firm can prepare the Deed of Extrajudicial Settlement and Sale, as well as the SPA for your relatives abroad, and handle coordination with the Registry of Deeds and BIR for tax clearance and title transfer.

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Sincerely,
ATTY. JOFRE B. RECOSOSA
Owner/Managing Partner
Recososa Law Firm