A reader inherited a plot of land by title of legacy. Since the opening of the succession, however, this land is still in the possession of the deceased's universal heirs. The reader inherited the land when he was still a minor and now, since he has attained majority, he has written to the heirs demanding they deliver possession of the land to him, but his request has fallen upon deaf ears.
Is there any procedure, which should be observed in attaining possession of the legacy?
Primarily, the reader, preferably by judicial letter, must demand from the heirs possession of the plot of land bequeathed to him. If the heirs fail to deliver the legacy to him, he is to bring an action in court demanding that he be placed in possession of the land.
According to law, since the subject of the legacy is a tenement, the interests on, or the fruits of, the thing bequeathed shall, even in the absence of a judicial intimation, accrue in favour of the legatee immediately upon the death of the testator. Furthermore, the thing forming the subject of the legacy shall be presumed to have been bequeathed, and shall be delivered, with its necessary accessories and in the condition in which it shall be on the day of the death of the testator.
The expense necessary for the delivery of the legacy shall be charged to the estate provided this shall not prejudice the rights of the persons in whose favour the law reserves a portion of the hereditary property.
The action for demanding the legacy shall lapse after ten years from the opening of the succession. Nevertheless, with regard to minors, the action does not lapse except after a year from the day on which the minor would have attained majority.
There is some ambiguity with regard to the period within which a minor who has attained majority may bring an action to demand a legacy.
On the one hand, if the legatee was, for example, six years old when the succession opened and the ten-year period would have lapsed before the legatee attains majority, the legatee would have another year, which starts running from when he attains majority within which he may enforce his rights.
On the other hand, if the legatee was, for example, 16 years old when the succession was opened, the ten-year period in which he may enforce his rights lapses when the legatee would have already reached majority and thus it is only within such time that he may enforce his rights.