• Application for Inheritance Adjudication +

    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, Read More
  • Appeals Dossiers +

    - 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 Read More
  • Review Procedure +

    - 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 Read More
  • Application of Articles 32 and 23 +

    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 Read More
  • Exchange Procedures +

    Request for exchange parts with a stamp of $ 20.00   Record of the land of both parties. The Company Directors   must accredit the state interest in the exchange, that is to say, in what benefits the State when authorizing this act, both the one that receives and the one that delivers the lands. Criteria of   ANAP Presidents   at the provincial and municipal levels of both territories and     ANAP President at the national level. Bank certification   about possible debts. Legal opinion issued by the Director or Head of t Provincial Land Control Department and the Head of the Legal Department. Appraisal Read More
  • Buying and selling of properties +

    Written request from the interested party with a stamp of 5 pesos. Cadastral Certificate. Certificate of Soils. Appraisal of the land, agricultural goods and goods, issued by the competent authority. Bank Certification  on debts. Certificate of Registered Holder. Purchase and Sale Contract signed by the owner of the Agricultural Production Unit (seller) and the Company Director   executing the purchase. Criterion of the President of the National Association of Small Farmers at provincial level. Model Pension Application for Purchase of Farm, signed by the Delegate or Provincial Director of Agriculture, or disposition approving the purchase when payment is in installments or Read More
  • CPA Dissolution +

    Cooperative creation document. Minutes or Resolution of   Liquidation Commission. Minutes of the General Assembly of members. Request of the Provincial and Municipal Agriculture Delegate or Director   Criterion of   ANAP President   in its three levels. Resolution of the Minister of Agriculture and notification thereof. Read More
  • Confiscation of land and agricultural goods +

    Principle: Cases of finding marijuana on usufructuary lands shall be prosecuted in accordance with the provisions of Decree-Law No. 232: "On Confiscation for Acts Related to Drugs, Acts of Corruption or Other Unlawful Behaviours",  January 21, 2003, and its Regulations, Resolution No. 285 / January 29, 2003, and its Regulations, Resolution No. 285  January 29, 2003. Resolution No. 6,  January 24, 2003, all in view of the special rules for this matter, and therefore shall not extinguish the usufruct for any of the grounds established in Decree-Law No. 300/2012, when it deals drug to a landowner or usufructuary of land, anywhere Read More
  • Procedure When Landlord Dies +

    Application for award with a $5.00 stamp. Lease agreement or document proving this act. Certification of the rent received by the causer. List of persons who were financially dependent on the deceased landlord. Certificate of Death, Marital Status and Affiliation. Inventory and appraisal of the total land leased. Cadastral certification. Land certificate. Legal opinion of the Director or Head of the Land Control Department and of the Head of the Legal Department. Resolution of the Delegate or Provincial Director of Agriculture. Notification to the heir, to the Company Director that receives the Land and to the Municipal Direction of Work Read More
  • UBPC Dissolution +

    Application of the Provincial and Municipal  Agriculture Delegate or Director. Resolution or Act of Creation of the Basic Unit of Cooperative Production. Letter from the Company Director stating the reasons for the dissolution. Criterion of the Municipal Delegate. Letter from the National Union of Agricultural and Forestry Workers at its three levels. Letter from the Director of Attention to Production Units of the Ministry of Agriculture. Resolution of the Minister of Agriculture and notification thereof. Read More
  • Judicial process of forced expropriation +

    Application for expropriation, argued by the Provincial Delegate. Proof of the warnings made to the accused in the cases that are required. Written response from the small farmer with a stamp of $ 5.00 MN. Inventory and appraisal of the Agricultural Production Unit. Registry of the proposed purchase of the property and its acceptance or not by the owner. Record of the land. Certification of the debts issued by the bank. Opinion of the President of the Credit and Services Cooperative. Opinion of the ANAP President  the municipal, provincial and national levels. Legal opinion signed by the Director or Head of Read More
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Principle: The cases of finding marijuana in usufructuary lands will be processed in accordance with the provisions of Decree Law No. 232: "On Confiscation for acts related to drugs, acts of corruption or other illegal behavior", of 21 of January 2003 and its Regulations, Resolution No. 6 of January 24, 2003, all in response to the fact that there are special rules for this matter, and therefore the usufruct will not be extinguished for any of the causes established in the Decree- Law No. 300/2012, when dealing drugs to an owner or usufructuary of land, anywhere in the country, the application of this special rule is appropriate, it does not have to be within the rustic property.
As the lands are indivisible, the occupation of drugs on it implies the total confiscation and not a quota or proportion.

Documents to incorporate

• To issue the Confiscatory Resolution by the Municipal Delegate for Agriculture, the following will be incorporated:
• Land Registry File.
• Inventory and Appraisal of land and agricultural goods.
• Brief based on information from the MININT Specialized Body, or from the corresponding Prosecutor's Office, which proves that the occupation corresponds to drugs.
• Criterion of the ANAP Presidents at the municipal and national levels.
• Resolution of the Municipal Delegate for Agriculture.
• Notification.

Review procedure

• Request with $ 5.00 stamp.
• Investigations carried out.
• Criterion of the Municipal Delegate for Agriculture.
• Criteria of the President of the National Association of Small Farmers.
• Resolution of the Minister of Agriculture.
• Notification to the offenders and to the Company that receives the land and agricultural goods, having to update their situation in the Land Registry.

CPA Dissolution

• Document of Creation of the Cooperative.
• Minutes or Resolution of the Liquidation Commission.
• Minutes of the General Assembly of members.
• Request from the Municipal Delegate for Agriculture.
• Criteria of the President of ANAP in its three levels.
• Resolution of the Minister of Agriculture and notification thereof.

UBPC Dissolution

• Request from the Municipal Delegate for Agriculture.
• Resolution or Act of Creation of the Basic Unit of Cooperative Production.
• Letter from the Company Director stating the reasons for the dissolution.
• Criterion of the Municipal Delegate.
• Letter from the National Union of Agricultural and Forestry Workers at its three levels.
• Letter from the Director of Attention to Production Units of the Ministry of Agriculture.
• Resolution of the Minister of Agriculture and notification thereof.


   • Written request of the interested party with a 5 pesos stamp.
   • Cadastral Certificate.
   • Soil Certificate.
   • Appraisal of the land, agricultural goods and benefactions, issued by the competent authority.
   • Bank certification of debts.
   • Registered Holder Certificate.
   • Purchase and Sale Agreement signed by the head of the Agricultural Production Unit (seller) and the Director of the Company that executes the purchase.
   • Criteria of the President of the National Association of Small Farmers at the municipal level.
   • Model Request for a Pension for the purchase of a farm, signed by the Municipal Delegate for Agriculture, or a provision approving the purchase when payment is in installments or in cash.

Requirements

Be 60 years old in the case of women and 65 years old in the case of men. In the event of not having reached the age indicated in the previous numeral, the incapacity to work the land must be accredited, which will be determined by the Corresponding Medical Expert Commission.

   • 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.

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