The Hereditary Share is the fraction or share of the inheritance to which the heir is entitled, that is, part held by the holder of the inheritance. It is not full ownership.

Between the moment of acceptance and the moment of sharing, the heirs have a Hereditary Share, corresponding to their share in the inheritance, the content of which will be defined with the sharing. The Hereditary Shares are equivalent to the number of heirs.

As long as the inheritance remains undivided, that is, an inheritance that, although accepted by the heirs, has not yet been shared, what the heirs are entitled to in the inheritance are not concrete assets, but a hereditary share, that is, a part or percentage of the totality of assets, rights and debts that constitute the inheritance.

Can I Sell A Hereditary Share?

Yes, you can. It is important to know that when a hereditary share is sold or given as payment to outsiders (i.e., third parties who are not heirs), the other heirs (co-heirs) have the right of first refusal under the same terms as co-owners.

This right of first refusal can be exercised within 2 months after the sale has been communicated.

In other words, when intending to sell the hereditary share, the heir must give preference to the co-heirs by informing them of their intention to sell, providing details of the transaction, including the name of the buyer, price, and payment terms.

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