The beneficiary may carry out the reduction in kind, notwithstanding article 924, where the property given or bequeathed still belongs to him and is free of any encumbrance to which it was not already subject at the date of the gift, and of any occupation to which it was not already subject at that same date.
This option lapses if he does not express his choice for this method of reduction within three months of the date on which a reserving heir has given him formal notice to take a position.