The inheritance of agrarian rights is a highly relevant issue for ejidatarios, who can transfer their rights over common use lands and parceled lands to their successors. This process can be carried out directly at the offices of the National Agrarian Registry (RAN) in the corresponding state delegation. RAN registrars are responsible for identifying the testator, ensuring that the ejidatario has the legal capacity to perform the act, and reviewing the agrarian rights held by the testator. Subsequently, the creation of the succession list proceeds.
One of the main drawbacks of the RAN succession list is that it is a pre-established format that must be filled in the corresponding blank spaces. This format contains a consecutive number that establishes the order of preference of the heirs. If an ejidatario does not clearly specify to whom each parcel is left, the person whose name appears in the first place on the preference list will be the heir of all the lands, excluding the rest of the named individuals. Therefore, it is crucial for the ejidatario to clarify in the same format which parcel is inherited by each person. It is worth noting that ejidal parcels cannot be divided, so it is not possible to designate multiple heirs for a single parcel.
Another way to carry out the succession of ejidal lands is before a Notary Public. However, if it is decided to do so through this method, it is essential to specify that it is a will concerning agrarian rights. It is not sufficient to declare that all the testator's assets are inherited, as this is not considered a valid will in agrarian matters. This precision is essential to ensure that agrarian rights are correctly inherited according to the testator's will.
According to Article 17 of the Agrarian Law, ejidatarios can bequeath their rights to the following persons:
The spouse and/or concubine or concubinary.
One of the ejidatario's children.
One of the ascendants.
Any person.
It is important to note that the order established in this article is flexible, as the ejidatario has the power to bequeath their agrarian rights to any person they wish. This provision grants the ejidatario the freedom to choose their successors without being restricted by a pre-established order.
Recently, the Supreme Court of Justice of the Nation has expanded the scope of the inheritance of agrarian rights. According to this new determination, not only can ejidatarios inherit the rights over their parcels, but possessors are also empowered to do so. This decision represents a significant change from the previous criterion, which limited the inheritance of parcels exclusively to ejidatarios. With this resolution, the right of possessors to transfer their agrarian rights is recognized, thus expanding the range of possible heirs and strengthening legal security in the agrarian field.
The inheritance of agrarian rights is a process that requires attention and precision to ensure that the wishes of the ejidatario are adequately fulfilled. Whether the format of the National Agrarian Registry is used or the process is carried out before a Notary Public, it is very important to clearly specify the distribution of the parcels to avoid future conflicts. This new inclusion of possessors as possible heirs by the Supreme Court of Justice of the Nation emphasizes the importance of updating and clarifying agrarian legislation, ensuring that more people can benefit from these rights and contributing to the sustainable development of agrarian communities in Mexico.
Thus, ejidatarios and possessors should be well informed and advised about the options and legal requirements for inheriting their rights, ensuring that their legacy is transmitted in an orderly manner and according to their wishes.
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