An owner of a building, which is not registered as a condominium, arranged in a will the partition and right of use of the apartments by the heirs. A conflict arose between the heirs and the question of rights of the heirs in the real estate was raised.
The Court held that the will and the sketch of distribution of the apartments between the heirs does not have the status of a binding legal effect because in practice it is a division in kind, which under law requires an opinion of the Commissioner of Condominiums Registration. The status of each owner of apartment who uses the apartment exclusively is of a joint holder of the entire building and as such cannot continue to hold the apartment exclusively and prevent the other owners from using the apartment or enjoy the fruits of its leasing to other pro rata to the percent of holding in the entire building.