Procedures and Services

   • The registrations made by the inscribed's declaration do not accredit a subsidiary degree, the filiation process must be indicated before the Municipal  People's Court.
   • The practice of sharecropping does not generate rights for those who work the land.
   • In all cases where there is a difference in the land area, the Area Adjustment Resolution must be issued.
   • The allocation of the inheritance in accordance with the provisions of article 32, is requested directly from the Minister of Agriculture, by the Municipal  Delegate and the President of ANAP at that level so as not to delay the process; that is, if it is demonstrated that an heir does not meet the term of 5 years of work, but that he is in the land before the deceased dies, the award by this precept must be submitted to the consideration of the Minister, a decision against which no recourse or procedure is appropriate, as the discretion of the said instance is to grant or not this right. In this way, the Municipal Delegate does not have to issue a resolution denying the right since it would originate an unnecessary appeal, against which a review can be requested, in addition, if in the municipal instance the possibility of awarding the inheritance for this is considered. precept, dilation of the procedure is avoided.
   • When there is an heir who meets the work requirement on the land, it is not possible to grant an exception to another family member, since we would be infringing the right of that one; that is, working 5 years before the deceased dies, excludes the application of articles 32 and 23 to another relative of the deceased owner.
   • Article 23 applies to the next of kin of the deceased listed in Articles 20 and 21 and proceeds when there is no family member who meets the requirement of 5 years of permanent and stable work that regulates Article 18 of Decree-Law No. 125 / 91, or that it does not meet this period, but that it may be creditor of the application of article 32, that is, it only proceeds when the UPA can be transferred to the state heritage, therefore, this right is excluded by the application of articles 18 and 32.
   • If the request for the appeal is presented outside the term of 30 calendar days, it is not admitted directly in accordance with the provisions of Resolution 853/03 of the Minister of Agriculture or the corresponding resolution will be issued by the Minister of Agriculture declaring NOT ADMIT Such recourse, without knowing the merits of the matter, will be acted in the same way in the case of the aforementioned request by a person not legitimized for such purposes, (a person without legitimacy is understood as one who does not have the relationship of kinship with the originator, provided for in article 18 of Decree-Law No. 125/91).
   • The resolutions issued granting rights that constitute the discretionary power of the issuing authority are firm as of the notification and against it there is no recourse or procedure in the judicial or administrative way.
   • When you have doubts about any procedure, you should consult the specialist of the higher instance before deciding.
   • However, what is stated in the related processes, if the parties propose the inclusion of any document, will be incorporated into the File, provided that the legal opinion has not been concluded, at the national level the presentation of new evidence is not allowed.
   • The land will be inheritable by the relatives who work it.
   • In conflict over land, the best right is for the one who works it.
   • The land in usufruct is not transferable under any circumstances.
   • The usufruct is personal.
   • Whoever receives the land left by a deceased landlord in usufruct is not entitled to receive a pension and vice versa.
   • The working age in Cuba is 17 years, therefore, minors of that age will not have the right to inherit the land.
   • Legal consultants may only represent natural persons proving the authorization issued by the Minister of Justice.
   • The taking of witness statements is carried out before a public official, those presented directly by the parties are dismissed.
   • The application of article 37 is without violating what is established therein regarding the term and the inadmissibility of the resolution being challenged, and the pronouncement must be in the same sense as the actor's claim.
   • The Legal Opinion must state the date of the presentation of the appeal or procedure and the date of notification of the resolution being challenged.
   • The body that accredits the filial degree or civil status of natural persons is the Civil Registry, and it is mandatory that when it is not accredited, it is necessary to order that the civil process be carried out before the corresponding court.
   • The disaffection of areas of agricultural use for non-agricultural uses corresponds to state areas, and in favor of state entities, never in favor of natural persons, the construction of works other than houses or for the investment process is not authorized (see Resolution 363/93 of the Minister of Agriculture).

   • The declaration of non-agricultural interest in inscribing the areas in the land tenure registry, is only for those who are not registered and must be very exceptional since in 2002 the courtyards were legalized and from the 1st On January 4, 2004, according to agreement 4793 dated May 20, 2003 of the CECM, all lands with an area greater than 800 square meters, had to be registered in the Land Tenure Registry.
   • The figure of the provisional administrator that authorizes article 32 of Resolution 24/91, is to protect potential heirs in the continuity of work on the land while the adjudication is concluded.
The second paragraph of article 29 of Decree-Law 125/91, establishes that the state will adopt the measures that are pertinent to provisionally guarantee the exploitation of the land that is temporarily abandoned.

   • Award request with a $ 5.00 stamp.
   • Lease agreement or document that proves this act.
   • Certification of the income received by the deceased.
   • List of people who economically depended on the deceased landlord owner.
   • Death, Civil Status and Filiation Certificate.
   • Inventory and appraisal of total leased land.
   • Cadastral certification.
   • Soil certificate.
   • Legal Opinion of the Director or Head of the Department of Land Control and the Head of the Legal Department.
   • Resolution of the Municipal Delegate for Agriculture.
   • Notification to the heir, to the Director of the Company that receives the Land and to the Municipal Directorate of Labor and Social Security.
   • Payment of the tax.
Note: When the owner of the rustic property dies, the Municipal Delegate or Director orders the payment of the rent for a period of 90 days to the heirs who depend economically on the deceased, or less time as long as there is the pronouncement of the Municipal Delegate, the amount cannot be higher than what the lessor charged.

The Resolution that awards the inheritance, provides for the transfer to the state of the rustic property and the cancellation of the rent and the payment of the value of the property to the heirs who are entitled under article 18 of Decree-Law 125/91.

The applicable standards are:

   • Seventh and Eighth Special Provision of Decree-Law 125/91.
   • Section Five of Agreement 1273 dated September 30, 1962, issued by the Executive Committee of the Council of Ministers.
   • Resolution No. 24/91.

   • Written request for Review Procedure with a stamp of $ 5.00 MN and as many copies as there are parts, stating the filing date and who received it.
   • Registry File.
   • Proof of summons to all parties, which when submitting their brief must accompany the $ 5.00 MN stamp.
   • New verifications and investigations carried out in which the testing practices proposed by the parties must be recorded.
   • New opinion of the President of the CCS and the Board of Directors.
   • New opinion of the President of ANAP at the municipal level regarding the Review procedure.
   • Criteria of the President of ANAP at the national level.
   • Legal Opinion on the request for review procedure, which must be approved by the Director or Head of the Municipal Department of Land Control and the Head of the Legal Department.
   • Founded criteria of the Municipal Delegate for Agriculture addressed to the Minister.
   • In case of contradiction, analyze in the Municipal Agrarian Commission and incorporate a copy of the minutes into the file or certification of the agreement.
   • Resolution of the Minister.
   • Clip, foliate and index the incorporated documents and update the procedure sheet.
   • Notification to all parties.
   • Payment at ONAT if the inheritance is awarded to new heirs.
   • Registration Act to proceed.

• Expropriation request, argued by the Municipal Delegate.
• Evidence of the warnings made to the accused in the cases that are required.
• Small farmer's response brief with a $ 5.00 MN stamp.
• Inventory and appraisal of the Agricultural Production Unit
• Proof of the proposed purchase of the property and its acceptance or not by the owner.
• Record of the land.
• Certification of debts issued by the Bank.
• Opinion of the President of the Credit and Services Cooperative.
• Opinion of the President of ANAP at the municipal and national level.
• Legal opinion signed by the Director or Head of the Municipal Department of Land Control and the Head of the Legal Department.
• Resolution of the Minister of Agriculture.
• Foliar, index and clip the File.
• Notification.
• Lawsuit Presented to the Municipal People's Court.
• Judgment.
• Notification to the Company that will receive the land and to the Individual.
• Update the area of ​​the Company that receives the land in the land tenure registry.