Hereditary share as an adverse claim

LRC Circular No. 306, date April 27, 1977 embodies the guidelines in the registration of an adverse claim. Paragraph 8 thereof reads:

8. Hereditary share not a basis of adverse claim. It has been settled by this Commission in a string of consultas that the rights of an heir cannot be the subject of an adverse claim.The claim of heirs based solely on their rights of succession, cannot be the basis of an adverse claim on the property registered in the name of the person from whom they claim to inherit since as such, their claim is certainly not adverse to her. On the contrary, it should be in the interest of the heirs to uphold the title of the one they seek to inherit from in order to have a valid title to succeed to and step into the shoes of their predecessor-in-interest. Such claim based on successional rights, therefore, is not within the contemplation of Sec. 110 of Act 496." (LRA Consulta No. 2849)