Cassation Ruling on Inherited Property Sales: What You Need to Know
Based on a binding legal interpretation from the Federal Supreme Court's Cassation Division (File No. 222435) and in accordance with Civil Code Articles 997, 1195, and 2882-2884, a person claiming a share in inherited property that was sold in a prior transaction cannot file a claim against a good-faith buyer who acquired the property with due diligence.
Instead, the claim for the share must be directed at the person (the family member) who sold the inherited property to the third party. Therefore, a request to nullify a prior sales contract and claim a share of the inherited property from the buyer is not admissible. This ruling reinforces the legal protection for buyers who act in good faith, shifting the liability to the seller who transferred the inherited asset.
Instead, the claim for the share must be directed at the person (the family member) who sold the inherited property to the third party. Therefore, a request to nullify a prior sales contract and claim a share of the inherited property from the buyer is not admissible. This ruling reinforces the legal protection for buyers who act in good faith, shifting the liability to the seller who transferred the inherited asset.