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Henry Rodrigues (Executive)     24 November 2024

Joint property transfer

Hi, I have a land in karntaka which had multiple joint onwners (under 5 Brothers). None of the  Brothers are alive and this needs to be transferred to their childrens name. Each brothers has 2 or more childrens and none of them are coming  forward to transfer into their name. I am one of the 5th brother son. 5th brother has 1 son and 1 daughter.

How can i just transfer the RTC which have my dads name on my and my sisters name.  Do I need to get signature of other parties like my cousins to tranfer on my name

Also is it possile to sell my part of share to any buyer



Learning

 3 Replies

sanjeev murthy desai (Advocate)     24 November 2024

File a partition suit against all children of 4 brothers for 1/5th share in the property. As per the court order you ll get it record yours name in the revneue record. Pursuant to the recording yours name in revenue records and phodi, you can sell your share otherwise not possible to sell 

T. Kalaiselvan, Advocate (Advocate)     24 November 2024

Without partitioning the property you will not be able to get the name transferred in RTC to your name for your share in the property.

Hence first get property partitioned by registered partition deed and then take further steps. 

P. Venu (Advocate)     24 November 2024

The property has already devolved upon the legal heirs of the deceased brothers. As such, to my knowledge, there is no legal requirement that property be partitioned in order to record the same in the joint names of the present holders. However, the property would continue to be jointly held.

Of course, the best option is to partition the property by metes and bounds and the get the mutations carried out in the RTC. If others are unwilling or unable execute the partition deed, the option is to file a suit for partition. However, it would be a couple of years before the decree is granted even in the normal course and it could be long drawn out if procedural hazzles are thrown up.


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