Rescission of Succession Rights Assignment: Failure to Register with the Land Registry Can Invalidate Everything

Imagine: you have just sold a property inherited from your father, in Pamiers. The buyer is delighted, the notary has registered the deed. But a year later, another heir challenges the sale in court. You think you are safe, until the judge declares your action inadmissible, simply because a registration formality was forgotten. This is precisely what this decision of the Court of Cassation forcefully reminds us.

Here is a question every owner asks: what if a co-heir considers that you sold your rights at too low a price? Rescission (annulment for lesion) of an assignment of succession rights is a formidable legal weapon. But it can only succeed if it is preceded by registration at the land registry office for each property concerned. Without this, the court cannot even examine the merits of the dispute.

This decision of 11 April 1995, handed down by the Court of Cassation, settles an essential procedural point: when the succession includes properties located in several districts (such as Bordeaux and another city), the originating document (claim) must be registered in each of those offices. An omission, and the action is inadmissible. Analysis.

The Facts: A Story Like Any Other

Mr X dies leaving as heirs his wife and several children. The succession includes a property in Bordeaux, as well as another property (the location of which is not specified in the judgment, but which implies a separate land registry office). The husband opts for the maximum disposable portion: 1/4 in full ownership and 3/4 in usufruct. In 1986, one of the heirs, Mr Y, assigns his rights in the succession to a third party, for a determined price.

Later, other heirs (the Z parties) consider that the assignment price is derisory, that there is lesion (prejudice resulting from a manifest imbalance). They sue Mr Y and the purchaser before the Tribunal de Grande Instance of Bordeaux to obtain rescission of the assignment. Their claim is registered at the land registry office of Bordeaux. But what about the other property?

The Court of Appeal of Bordeaux, in a judgment of 17 December 1992, had declared their action admissible. The defendants appeal to the Court of Cassation, arguing that the registration had not been made for the property located in another district. The Court of Cassation agrees with them: it quashes the appeal judgment and refers the case back to the same court of appeal, differently composed, to determine whether the claim was registered in each of the relevant land registry offices.

The Reasoning of the Court — Analysed

The legal basis is Article 28 of the Law of 1 July 1924 (now codified in Article 28 of the Decree of 4 January 1955, but the spirit is the same). This text requires the registration at the land registry office of any legal claim seeking rescission of an agreement relating to immovable property. Why? Because this registration makes the claim enforceable against third parties (it informs them of the dispute) and guarantees legal security for property transactions.

The Court of Cassation strictly interprets this obligation. It considers that, when the succession includes several properties located in different land registry districts, the claim must be registered in each of those offices. Otherwise, the action is inadmissible, and the judge cannot rule on the merits of the rescission.

The lower court judges should therefore, in this case, have verified whether the registration had been carried out for both properties. Not having done so, their judgment is quashed. This is not a legal revolution: it is a classic application of the principle of land publicity. But it is a formidable trap for litigants who neglect this formality.

The arguments of the parties? The claimants (the injured heirs) no doubt argued that registration in Bordeaux was sufficient, since the assignment deed covered all succession rights, including all assets. The Court of Cassation rejects this approach: each property has its own land registry office, registration must be made in each.

What This Changes for You — Concretely

For landlord owners: if you are sued for rescission of a sale of succession rights, immediately check whether the opposing claim has been registered in all relevant land registry offices. If not, you can raise inadmissibility, which can save time and money. Concrete example: a property in Ramonville-Saint-Agne (Haute-Garonne) and another in Paris. If the action is only registered in Paris, it is inadmissible for the Toulouse property.

For purchasers: before buying succession rights, ask your notary to check that no rescission action is pending. If one is, ensure it has been registered everywhere. Otherwise, you risk seeing the sale challenged years later. Imagine: you buy a house in Pamiers for €200,000, and two years later, an heir contests. Without registration, the action is inadmissible, but if it is properly registered, you could lose the property or have to pay a supplement.

For heirs: if you believe that an assignment of rights has prejudiced you, do not delay registering your claim in court as soon as the summons is filed. The time limit to bring an action for rescission for lesion is 5 years from the sale (Article 1676 of the Civil Code). But the registration must be made within 2 months of the summons (time limit of Article 28 of the Decree of 1955). An omission, and your action is over.

If you are in this situation, you must consult a lawyer specialising in property law to check the registrations. The registration costs are modest (a few tens of euros per office), but the absence of registration can cost you thousands.

Four Tips to Avoid This Type of Dispute

• Systematically register your summons at the land registry office for each property. As soon as you bring a rescission action, ask your lawyer to have the originating document registered in all relevant districts. Do not rely on a single office.
• Check registrations before acquiring succession rights. During a sale, your notary must provide you with a land registry certificate. If it reveals a rescission action not registered everywhere, notify the seller: this could weaken the transaction.
• In case of litigation, request a copy of the registrations. If you are a defendant, require the claimant to prove registration in each office. If they cannot, raise inadmissibility at the start of the proceedings.
• Anticipate complex successions. If a succession includes properties in several departments (e.g., an apartment in Ramonville-Saint-Agne and a house in Bordeaux), plan several registrations from the outset. A good notary will guide you.

Further Analysis: Related Case Law and Developments

This decision is part of a consistent line of authority. Already, a judgment of 18 January 1984 (appeal no. 82-15.671) had held that the rescission action must be registered to be admissible. The Court of Cassation merely clarified the requirement of registration in each office. More recently, in a judgment of 13 February 2019 (no. 17-27.572), it extended this requirement to claims for annulment of a property sale. The trend is clear: land publicity is a mandatory condition of admissibility.

For the future, with the dematerialisation of land registry offices (now land publicity services), it is easier to register online. But the multiplicity of districts remains a trap. Courts are increasingly strict: better to register too much than not enough.

Key Points to Remember

FAQ

What is rescission for lesion? It is the annulment of a sale when the price is less than 7/12ths of the real value of the property. In succession matters, it can target the assignment of rights.

Can I bring a rescission action if I have not registered my claim? No. The action will be declared inadmissible by the judge. You will have to start again, but the 5-year time limit continues to run.

What are the time limits for registration? Registration must occur within 2 months of the summons. After this time, the action is inadmissible.

How much does a land registry registration cost? Approximately €20 to €30 per office. For a succession with 3 properties, allow €90. This is negligible compared to the stakes.

What if I am a property owner in Pamiers and an action is brought in Bordeaux? Check that the summons has been registered in Pamiers. If not, you can request the dismissal of the action for your property.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →