Procedures and Services

• Written Promotion with the stamp of $ 5.00 MN.
• Registry File.
• If it  is represented, it will incorporate a copy of the Legal Services Contract.
• Certification of Death of the causer.
• Certification of Marriage.
• Birth Certificate of all possible heirs.
• To incorporate the investigations and verifications made on the time of the work in the land.
• Criterion of the CCS president and the Board of Directors.
• Incorporate inventory and appraisal.
• Certification of possible debts with the Bank.
• Criteria of the Presidents of the ANAP at the national, provincial and municipal levels.
• Incorporate a legal opinion signed by the Director or Head of the Provincial Land Control Department and the Head of the Legal Department.
• If there is a contradiction between the ANAP President and the Provincial Delegate or Director, submit to the consideration of the Provincial Agrarian Commission, incorporating a copy of the Minutes where the case was analyzed.
• Criteria of the Provincial Delegate or Director and of the President of the ANAP at the same level, addressed to the Minister, where they exceptionally request the award.
• Pressed, foliate and index the File and update the paperwork.
• Resolution issued by the Minister.
• Notification to all parties.
• Payment in the ONAT.
• Minutes of Registration.

- Promotional Written Appeal with the stamp of $ 5.00 MN and as many copies as counterparts are, leaving evidence of the date of filing and who receives it.

- Registry file of the deceased owner, or those of the parties in the case of usufructuaries.

- Registry of  summons to the parties, deliver a copy to each giving a term of 20 days for them to respond.

- The written answers must have the stamp of $5.00 MN.

- New verifications and investigations carried out, which must include the practice of the evidence proposed by each of the parties.

- Criterion of the CCS President and the   Director regarding the appeal.

- Criterion of the provincial and municipal ANAP President.

- If there is a contradiction between the criteria issued by  Provincial Delegate or Agriculture Director   and  ANAP President   at that level, should be submitted  to the consideration of   Provincial Commission on Agrarian Affairs and incorporate a copy of the Minutes in the file, the meeting must be attended by the dissenting parties.

- Foliar chronologically the new documents, incorporate and index them, updating the paperwork sheet.

- Legal opinion on the Appeal, which must be approved by the Provincial Department Director of Land Control and the Head of the Legal Department.

- Criterion of the Provincial Delegate or Director of Agriculture addressed to the Minister, containing elements that allow a concrete proposal on the decision to be made.

- In the case of refusal to hand over land in usufruct, authorization must also be requested to join a Credit and Services Cooperative, stating the reasons.

- When a resolution is issued declaring with place, the Provincial or Municipal Delegate or Director shall issue a new resolution, handing over the land.

Cases have arisen in which the productions to which the lands are dedicated are modified and for this purpose the Municipal or Provincial Delegate or Director, as the case may be, must issue a new resolution authorizing the change, taking into account that the land was already delivered and the precepts of article 11 of Decree 304/12 are complied with, it is not necessary to make a new application procedure; In other cases the change of link is requested, because the unit can not continue to serve the usufructuary for various reasons, in this case it is not necessary to issue a new resolution, as it is not contained in Article 11 mentioned above and therefore, will be made by supplement to the usufruct contract requesting authorization from the Minister when it is for a Cooperative Credit and Services.

When the Minister of Agriculture issues a decision in a review or appeal procedure, the same must be complied with even if the land has been handed over to another person, who must leave the land immediately, since there is no possibility of claiming against the decision in administrative or judicial proceedings.

When a usufructuary dies and a relative or other person is working the land, no fine should be imposed, nor should an illegal occupant be declared.

Prior to the application for a declaration of public utility and social interest as grounds for extinguishing a usufruct in part or in whole, it is an indispensable requirement that exchanges with the usufructuary have been exhausted so that he can submit his resignation and initiate another process of land delivery. The Minister must be presented with cases in which there is no agreement between the individual and the administration, as established in article 425 of the Civil, Administrative, Labour and Economic Procedure Act.

- Resolution issued by the Minister of Agriculture.

- Notification to all parties.

- Proof of payment to ONAT.

- Minutes of Inscription.

- Written request for Review Procedure with a stamp of $ 5.00 MN and as many copies as parts are, recording the date of filing and who received it.

- Registry File.

- Registry of  summons to all parties, which when submitting their writing must accompany the stamp of $ 5.00 MN.

- New verifications and investigations carried out in which the practices of the evidence proposed by the parties must be recorded.

- New opinion of the President of the CCS and the Board of Directors.

- New opinion of the ANAP President  at provincial and municipal level on the Review procedure.

- Criterion of the ANAP President   at the national level.

- Legal opinion on the request for review procedure, to be approved by the Director or Head of Provincial Department of Land Control and the Head of the Legal Department.

• Informed opinion of the Provincial Delegate or Director of Agriculture addressed to the Minister.
• In case of contradiction, analyze in the Provincial Agrarian Commission and incorporate a copy of the minutes to the file or certification of the agreement.
• Resolution of the Minister.
• Preserving, foliarizing and indexing the incorporated documents and updating the procedure sheet.
• Notification to all parties.
• Payment to ONAT if the inheritance is awarded to new heirs.
• Record of Inscription to proceed.

In the case of the death of a small farmer, owner or usufructuary of a rustic property, those relatives with a filial degree, who consider themselves 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 which 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 by their own right are not admitted, or those whose data do not coincide with those of the deceased.

- Marriage certificate issued by the Civil Registry.

- Appraisal and inventory of land, agricultural goods and goods 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 person on the procedure if necessary.

- Certificate of Cadastre.

- Criterion of the President of the ANAP Municipal.

- Certification of the Bank 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 Minutes into the File, with all the analyses carried out, and the discordant parties may not be absent.

- Results of the investigations carried out.

- Testimony of witnesses before a public official.

-  Registry of process communicatio to all the presumed heirs, which when presented in writing will be accompanied by a stamp of $ 5.00 MN.

- Criterion of the Delegate or the Director of Municipal Agriculture.

- The representations will be by contract of Services of the Collective Law Firm, the consultants will present resolution of the Minister of Justice that authorizes it.

- Resolution of the Delegate or Provincial Director of the Ministry of Agriculture, no application shall be accepted on the part of a co-owner who is alive nor shall any pronouncement be made on it, unless this condition is ratified.

- Registry of notification to all parties (who notifies, the date and name of the notified).

- The Registration File must be foliated, indexed, pressed and also have updated the sheet of formalities.

- Payment Registry in the ONAT.

- Registration Certificate.

- Upon the death of the usufructuary, an inheritance adjudication file is prepared for the inheritance of the agricultural goods that were the property and were in the possession of the deceased, which will be adjudicated to the person who fulfills the requirements established in article 18 of Decree-Law No. 125/91, if there are no heirs with the right to inherit, they are transmitted to the state patrimony.

The usufructuary who receives the agricultural goods shall be obliged to compensate the proportional value that would correspond to the person who does not receive the land in usufruct and meets the requirements of the aforementioned article 18.