The documentation necessary for the registration of hereditary partitions is reduced, as long as the authorizing notary verifies compliance with all procedural requirements.
The Provision 15/2024 of the Ministry of Justice introduced changes to the registration process for hereditary partitions. From now on, when hereditary partitions are processed by public deed, it will not be necessary to transcribe or reference the registration order as long as the authorizing notary has verified compliance with all procedural requirements in the corresponding jurisdiction.
This provision will come into force on the same day of its publication in the Official Gazette. In this way, the documentation necessary for the registration of hereditary partitions is reduced, as long as The authorizing notary verifies compliance with all procedural requirements, which guarantees the legal certainty of the partition agreement entered into between the heirs.
“The notary – a legal professional with a public function, authorizer of authentic public instruments that give full faith in themselves -, in addition to the style controls corresponding to professional due diligence, “must verify compliance with the different procedural regulations according to the jurisdiction where the succession has been processed.”cites Provision 15/2024.
Thus, the scribes must verify, among other things, that The property object of the act was reported in the file, the non-existence of creditors, as well as that the legal taxes have been paid and the other requirements provided for in the procedural regulations have been met.
Subsequently, the notary “provides certainty to what was done outside the judicial headquarters, and grants sufficient legal security to the partition agreement entered into between the heirs.” Therefore, before The qualification by the notary of compliance with all the procedural requirements demanded in the respective jurisdiction will be sufficient and the Real Estate Registry of the Federal Capital will not request any other fee for its registration.
Source: Ambito
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