3 effects of partition in succession law

The following are some of the effects of partition under the law on wills and succession.

[1] A partition legally made confers upon each heir the exclusive ownership of the property adjudicated to him. This is according to Article 1091 of the New Civil Code of Philippines.

[2] No partition shall be construed so as to prejudice, defeat, or destroy the right or title of any person claiming the real estate involved in the action for partition by title under any other person, or by title paramount to the title of the parties among whom the partition may have been made. This is according to Section 12 of Rule 69 of the Rules of Court.

[3] Tolentino, in his textbook, wrote that the judicial partition in probate proceedings does not bind the heirs who were not parties thereto.