09. Parcel of Land Donated Being Sold

Sometime in 1955, Tomas donated a parcel of land to his stepdaughter Irene, subject to the condition that she may not sell, transfer or cede the same for twenty years. Shortly thereafter, he died. In 1965. because she needed money for medical expenses. Nene sold the land to Conrado. The following year, Irene died, leaving as her sole heir a son by the name of Armando. When Armando learned that the land which he expected to inherit had been sold by Irene to Conrado, he filed an action against the latter for annulment of the sale, on the ground that it violated the restriction imposed by Tomas, Conrado filed a motion to dismiss, on the ground that Armando did not have the legal capacity to sue.


If you were the Judge, how will you rule on this motion
to dismiss? Explain

No comments: