Preterition or lack of intervention of some co-heirs

Where the judicial partitions have been made with preterition of any of the co-heirs, or of one who has been so declared by the Court, they shall not be rescinded without proof of fraud or bad faith on the part of the other parties; but they shall be liable to make up the share of the excluded heir in prevailing currency, taking into consideration the value of the properties on the date of the compounding.