their respective shares, whether the Redemption in joint sale by co-owners/co- thing be undivided or it has been heirs of undivided immovable. partitioned among them. (1) The co-owners of an undivided If by partition the entire property has immovable sold by them jointly or been adjudicated to one of the heirs, collectively and in the same contract with the the vendor can exercise the right to right to repurchase, can exercise such right redeem against said heir for the only as regards their respective shares. whole. (2 Co-heirs of the vendor can exercise the right of redemption only for the respective ART. 1616. portions they have inherited. Obligation of vendor a retro in case of (3) The vendee a retro can refuse partial redemption. redemption. He may require all the vendors or all the heirs to redeem the entire property He must return to the vendee a retro: or to agree to its redemption by any one of them. (1) The price. a. “price of the sale” and not the (4) The right of a co-owner who chooses not value of the thing to redeem accrues to the benefit of the others. (2) Expenses of contract and other legitimate expenses. Effect of redemption by co-owner of entire a. Necessary expenses – those property. incurred for the preservation A co-owner cannot redeem more than of the thing or to prevent his share in the co-ownership. waste, deterioration or loss of The redemption by a co-owner of the the thing property in its entirety, shouldering b. Useful expenses – those the expenses therefor, does not make which increase the value of him the owner of all of it. the thing or create In other words, it does not put to end improvements thereon the existing state of co-ownership. Offer to redeem must be bona fide. Offer must be a bona fide one and ART. 1614. accompanied by an actual and simultaneous tender of payment or consignation of the full Redemption in separate sales by co-owners amount agreed upon for repurchase of undivided immovable. If the sale was made separately and independently, it would be unjust to ART. 1617. require the co-owners, to come to an Right of parties as to fruits of land. agreement with regard to the repurchase of the thing sold. (1) If there were fruits at the time of It would be worse to deprive them of the sale and the vendee paid for them, their right in case they fail to agree. he must be reimbursed at the time of redemption as the payment forms part of the purchase price. ART. 1615. (2) If no indemnity was paid by the Redemption against heirs of vendee. vendee, there shall be no reimbursement for those existing at The vendor a retro can exercise the the time of redemption. right to redeem against the heirs of the (3) If the property had no fruits at the time of the sale and some exist at the time of redemption, they shall be apportioned proportionately between the redemptioner and the vendee, giving the latter a share in proportion to the time he possessed the property during the last year counted from the anniversary of the date of the sale to compensate the vendee for his expense. The same rule, it is believed, is also applicable if there were fruits at the time of the sale and the vendee paid for them.