BOE-A-2026-17143 ·6 August 2026 ·Resolution not-relevant
Administrative

Ruling on appeal against negative land registry qualification due to defects in inheritance deed

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a negative qualification issued by a land registrar. The registrar refused to register a deed of acceptance and adjudication of inheritance because the grantors failed to declare whether disinherited grandchildren have no descendants or whether their parents have given consent (Arts. 848 et seq. of the Civil Code; Arts. 9 and 18 of the Mortgage Law).

In 2 key points

  1. The negative qualification is based on the lack of a declaration regarding the non-existence of descendants of disinherited grandchildren, pursuant to Art. 848 of the Civil Code (art. 848 Código Civil)
  2. The registrar may suspend the registration and proceed with the notifications provided for in Art. 322 of the Mortgage Law (art. 322 Ley Hipotecaria)

How it affects those involved

For heirs and individuals involved in succession processes, this ruling emphasises that inheritance deeds must include specific declarations regarding kinship when disinheritances occur to avoid the suspension of registration. Failure to include these declarations concerning the non-existence of descendants or the consent of heirs prevents the registration from being carried out (Art. 18 of the Mortgage Law).

Lifecycle

2026-08-06PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

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