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

Summary

The 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.