If a Small Farmer, owner or usufructuary of a rustic property dies, those relatives with a filial degree who are considered entitled to be recognized heirs as established by Decree-Law No. 125/91, must present themselves within 90 days after the death to claim their possible rights and a File is prepared that must contain the following documents:
- Affidavit, with stamp of $5.00 MN, declaring the existence or not of other possible heirs and their address.
- Death certificate of the deceased.
- Birth certificate of all possible heirs, those registered in their own right are not admitted, or those whose data do not coincide with those of the deceased.
- Marriage certificate issued by the Civil Status Registry.
- Appraisal and inventory of the land, agricultural assets and benefactions issued by the person in charge of this procedure.
- Certificate on the category of soil.
- Criterion of the Director of the agricultural company or legal entity on the procedure if necessary.
- Cadastre Certificate.
- Criterion of the President of the Municipal ANAP.
- Bank certification on possible debts.
- Criterion of the Board of Directors of the CCS.
- Legal Opinion of the Provincial and Municipal Director of Land Control and the Head of the Legal Department.
- If there is a contradiction between the agrarian authorities, submit the case to the consideration of the Provincial Commission of Agrarian Affairs and incorporate the Act into the File, with all the analyzes carried out, not being able to miss the discordant parts.
- Results of the investigations carried out.
- Statement of witnesses made before a public official.
- Proof of communication of the process to all the presumed heirs, which when presented in writing will accompany a stamp of $ 5.00 MN.
- Criterion of the Delegate or the Director of Agriculture in the Municipality.
- The representations will be by contract of Services of the Collective Law Firm, the consultants will present a resolution of the Minister of Justice that authorizes it.
- Resolution of the Delegate or Provincial Director of the Ministry of Agriculture, no request will be accepted on the part of a co-owner who is alive nor will any statement be made about it, except to ratify that condition.
- Proof of notification to all parties (who notifies, the date and name of the notified).
- The Registry File must be numbered, indexed, clip-taped and, in addition, have the paperwork updated.
- Proof of payment in the ONAT.
- Registration Certificate.
- Upon the death of the usufructuary, the file for the adjudication of the inheritance of the agricultural assets that were owned and in the possession of the deceased is prepared, which will be awarded to the person who meets the requirements established in article 18 of Decree-Law No. 125/ 91, if there are no heirs with the right to inherit, they are transferred to the state.
The usufructuary who receives the agricultural assets will be obliged to indemnify the proportional value that would correspond to the one who does not receive the land in usufruct and meets the requirements of the aforementioned article 18.
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