G.R. No. L-349; September 30, 1948
Intestate estate of the late Eulalio Ilagan Bisig; Santos Ilagan, administrator. ESTEFANIA R. VDA. DE CRUZ, petitioner-appellant, vs. JESUS ILAGAN, ET AL., oppositors-appellees.

FACTS

In an intestate proceeding, the administrator (an heir) executed an absolute deed of sale over two estate parcels of land in favor of Severo Cruz and his wife (the appellant) for P18,000. The administrator submitted the deed to the probate court for approval. All other heirs, all of lawful age, gave their written approval and conformity to the sale by signing the deed and the corresponding motion. The motion was set for hearing but not immediately acted upon. Later, the same heirs (except the administrator) filed an opposition to the sale, arguing the price was no longer reasonable and that the sale, being of property in custodia legis, required strict court compliance. The lower court sustained the opposition and disapproved the sale.

ISSUE

Was the sale of the estate properties by the administrator, with the written conformity of all heirs, valid and binding despite the lack of prior court approval?

RULING

Yes. The Supreme Court reversed the lower court’s order. The sale was valid and binding upon the heirs. While property under administration is in custodia legis, an heir may sell his interest or share in the inheritance, subject to the results of the administration. Here, by giving their written approval and conformity to the deed of sale, the heirs bound themselves as effectively as if they were co-vendors. The principle of estoppel applies—the heirs, by their conduct in assenting to the sale and by the vendees’ subsequent acts (like cancelling the mortgage and stopping interest collection), are estopped from questioning its validity. The requirement for court approval was merely a formal covenant for delivering possession, not a condition precedent to the sale’s validity. The lower court was directed to approve the sale.

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