A, B, C and D are the heirs of X and Y who left an estate of 10 hectares in Laguna. The three (3) brothers agreed to convert the land from a riceland to a subdivision. D, the sister disagreed. Is D's act valid and what is the remedy of the brothers?
A) No, because she is a minority co-owner, the decision of the majority prevails.
B) No, because while it is an alteration the consent of the controlling interest is merely required.
C) Yes, because it is an alteration which requires the consent of all the co-owners but if the refusal of C is clearly prejudicial to the common interest, the alteration may be allowed.
D) No, because it is prejudicial to their common interest.
Correct Answer:
Verified
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