Abstract

CALDERON-GONZALEZ, José Paúl; CHACON-GOMEZ, Nayibe Eloina  and  CASTRO-SANCHEZ, Fernando de Jesús. Recognition of heir status through effective possession without title to ownership. Noesis [online]. 2025, vol.7, n.esp1, pp.1633-1650.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.523.

Effective possession is a legal institution linked to inheritance law, which allows heirs to administer the deceased's assets. However, this act does not constitute a title of ownership, as it does not grant legal ownership of the inherited assets. In order for the heirs to obtain such title, it is necessary to carry out the corresponding partition and register it in the Property Registry. This study argues that considering effective possession as title to ownership would affect the rights of third parties with legitimate inheritance rights. As it is an administrative and notarial procedure, it cannot in itself determine the legal acquisition of ownership. Consequently, it is concluded that effective possession is only a request by one or more heirs to manage the succession, and that the attribution of ownership requires a legal partition process that guarantees legal certainty and respect for inheritance law.

Keywords : Inheritance law; property; assets..

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