O que fazer quando o imóvel do inventário não tem matrícula?

Marcel Rulli

18 Jul 202206:40

Summary

TLDRThe video script discusses the complexities involved in the process of inventory and possession of a property that lacks proper registration, such as a title deed or transcription. It emphasizes the importance of regularizing the property to facilitate the sharing of assets among heirs. The speaker, presumably a professor or expert in the field, outlines steps to address disagreements among heirs and the necessity of obtaining a property's registration and transcription. The summary also touches on the role of a notary in drafting a possession act and the legal intricacies of transferring possession upon death. It further explains the concept of usucapion, a legal process to acquire ownership, and the need for an accurate property registry, which serves as a comprehensive record of the property's details. The script underscores the importance of consulting with professionals, such as architects and engineers, to document and legalize constructions, and the procedures to follow when dealing with unregistered properties.

Takeaways

📝 The importance of having a property registered and having a transcription is emphasized for legal and tax purposes.
🏡 In the case of inheritance, if there's no dispute among the heirs and the property lacks registration, usucapion (acquisition of ownership through long possession) can be pursued without an inventory.
🤝 If all heirs agree, they can proceed with usucapion directly, which simplifies the process of transferring possession.
🚫 If there's a disagreement among heirs, an inventory of the estate is necessary to regularize the situation and to determine the distribution of assets.
🏛 The need for a notary to draft an act of possession is mentioned, which is a legal document that establishes possession rights over a property.
🧐 The concept of 'possession by death' (droit de saisine) is introduced, meaning that possession is transferred upon death, not through an inventory.
📜 The role of a property registry (matrícula) as a detailed document that provides a comprehensive view of the property is explained.
🔍 A property's registry is compared to an X-ray, containing all necessary information about the property and its owner.
🏢 The process of regularizing a property through legal means, such as hiring an architect or engineer to prepare a descriptive report, is outlined.
✅ The necessity of updating the property registry and conducting an inventory when there are changes to the property, such as new constructions, is highlighted.
💼 The advice to consult with professionals, such as a notary or a lawyer, to handle the complexities of property registration and inheritance is given.

Q & A

What is the primary issue discussed in the transcript regarding property?
-The primary issue discussed is the lack of proper registration (no matrícula or transcrição) for a property that needs to be included in an estate division.
What does 'matrícula' refer to in the context of property?
-'Matrícula' refers to the official registry or enrollment of a property, acting like a comprehensive property record that includes detailed information about the property and its ownership.
What is the role of 'transcrição' in property records?
-'Transcrição' was the old system used for registering properties before the current system of 'matrícula' was implemented in 1976. It was essentially a black and white photo, a historical registration system that has since been replaced.
What solution is suggested when heirs agree on the property division?
-The solution suggested is to pursue 'usucapião', which is adverse possession, in the name of the heirs directly, without needing to formally divide the property through inheritance processes.
What should be done if there is a dispute among the heirs about the property?
-If there is a dispute, the process recommended is to open an 'inventário na posse' to regularize the property in the name of the estate before proceeding with the division among the heirs.
What does the term 'usucapião' mean in property law?
-'Usucapião' is a legal process in which a person gains ownership of a property by possession for a specific period under conditions defined by law, such as continuous and uncontested possession.
How is 'inventário na posse' different from regular inheritance proceedings?
-'Inventário na posse' is used specifically when a property does not have formal registration and involves inventorying the property based on possession rather than legal title, used primarily to handle estates where the property documentation is incomplete or missing.
What does 'droit de saisine' refer to in the context of inheritance?
-'Droit de saisine' refers to the legal principle where the rights to a deceased's estate are immediately transferred to the heirs upon the person's death, irrespective of formal property transfer processes.
What should one do if a notary or registrar refuses to provide property details without a matrícula?
-The transcript suggests consulting with higher regulatory bodies like the 'corregedoria' or advocacy for rights, as notaries are required to provide such information for legal purposes.
What practical steps are recommended for regularizing an unregistered construction on a property?
-The steps include hiring an architect or engineer to create the construction plans and description, getting the construction approved by city planning authorities, registering it with the Federal Revenue's website, and then including it in the property's matrícula.

Outlines

00:00

🏠 Property Registration Challenges in Inheritance

The speaker discusses the complexities involved in handling an unregistered property during the division of an inheritance. Without proper registration or transcription, a property cannot be legally split among heirs, necessitating actions such as 'usucapião' (adverse possession) if all parties agree. The speaker advises on how to proceed in cases where heirs disagree, suggesting the use of 'inventário na posse' (inventory in possession) to handle disputes. The focus is on ensuring that all legal requirements are met to prevent future issues with property transfer, emphasizing the importance of regularizing property status to facilitate the inheritance process.

05:02

📜 Understanding Property Documents: Matrícula and Transcrição

This paragraph explains the differences between 'matrícula' and 'transcrição', two critical documents in property registration. 'Matrícula' is described as a detailed current record of the property, akin to a 3D photograph in words, detailing every aspect of the property and its legal status. 'Transcrição', on the other hand, refers to older property records used before 1976. The speaker outlines steps for updating property records, such as hiring an expert to draft the necessary documents and having constructions approved and recorded to ensure all property modifications are legally recognized, which is essential for processing inheritance correctly.

Mindmap

Keywords

💡Inventário

In the context of the video, 'inventário' refers to the process of creating an inventory, which is a detailed list of assets, particularly in the case of an estate after someone's death. It is a crucial step in estate distribution and is related to the video's theme of estate management and legal procedures.

💡Matrícula

Matrícula, in this video, refers to the property registration document that provides a detailed description of a real estate property. It is essential for legal transactions and is part of the process to regularize property ownership, which is a significant aspect of the video's discussion on property and inheritance.

💡Transcrição

Transcrição is a term used to describe the official transcription or recording of a document, such as a property deed, into a public registry. In the video, it is mentioned in the context of property law and the importance of having accurate transcriptions for legal and tax purposes.

💡Partilha de bens

Partilha de bens translates to 'division of assets' and refers to the process of distributing the assets of an estate among the heirs. It is a central theme in the video, which discusses the legal complexities and steps involved in this process, especially when there are disagreements among the heirs.

💡Usucapião

Usucapião is a legal concept referring to the acquisition of ownership rights over a property through continuous, peaceful, and public possession over a certain period. In the video, it is suggested as a method to regularize property ownership when there is an agreement among all heirs.

💡Espólio

Espólio refers to the estate of a deceased person, which includes all their assets and liabilities. The video discusses managing the espólio, particularly when there are disputes among heirs, and the need to regularize the property within the estate.

💡Tabelião de Notas

A Tabelião de Notas is a notary public in Brazil who is responsible for authenticating legal documents and acts, such as property transfers and wills. The video mentions the role of the Tabelião de Notas in creating a notarial deed of possession in the context of estate inheritance.

💡Código Civil

Código Civil refers to the Civil Code, which is the body of law governing property, contracts, and personal rights in Brazil. The video refers to Article 1207 of the Civil Code, which deals with the transmission of property rights upon death, a key point in the discussion of inheritance and property law.

💡Herança

Herança means 'inheritance' and is a central theme in the video. It discusses the legal and practical issues surrounding the distribution of an estate, including the need for property registration and the resolution of disputes among heirs.

💡Averbação

Averbação is the process of recording or registering a property or construction in the official property registry. The video mentions the need for averbação when there are constructions on a property that need to be accounted for in the inventory and legal documentation.

💡Receita Federal

Receita Federal refers to the Federal Revenue Service of Brazil, which is responsible for tax collection and administration. The video discusses the importance of the Receita Federal in verifying the property registry and its implications for tax collection and property regularization.

Highlights

The need to conduct an inventory when a property lacks registration or transcription.

The importance of analyzing precedents from the STJ (Superior Tribunal de Justiça) for irregular sharing of assets.

The potential for tax implications when regularizing property without proper documentation.

The process of involving all heirs in an agreement to avoid disputes over inheritance.

The concept of usucapion, allowing for the transfer of property without an inventory if all parties agree.

The legal principle that possession is transferred by death (droit de saisine), not by inventory.

The necessity of obtaining property registration and transcription for proper inventory.

The role of a notary public in drafting a notarial deed of possession in cases of inheritance.

The distinction between the transmission of possession upon death and the formalization process in an inventory.

The steps to take when heirs are in disagreement, including opening an inventory for the estate.

The importance of updating the property registry to facilitate the division of assets among heirs.

The process of hiring an architect or engineer to create a descriptive plan for a property that was built without prior registration.

The requirement to verify the construction with the Federal Revenue Service and update the property registry accordingly.

The advice on how to proceed with the regularization of a property that has been built without proper documentation.

The mention of the three-year legal hiatus (vacatio legis) after the promulgation of the current public registry law in 1976.

The role of advocacy in regularizing properties and the satisfaction it brings to clients.

The detailed explanation of the property registration process, including the need for a property survey and descriptive plan.

The emphasis on the importance of property registration and transcription for legal and tax purposes.