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Name transfer of lands

(Querist) 27 November 2012 This query is : Resolved 
my grand father wrote a will assigning some of his lands for the upkeep of a certain temple.The unregistered will clearly mention that his heirs has to maintain the land and give the proceeds to the temple.Now I find the lands are in the name of temple and I do not know on what basis of documents the transfer of name took place. Now there is no cultivation on these lands and so I want retrieve the lands and sell them and make a trust? Honestly I do not require a single paisa from it, but I/ my heirs have to be trustees. What is the procedure to be adopted? this is in tamilnadu state
Devajyoti Barman (Expert) 27 November 2012
Sorry, you could nothing. Only the temple can sell for the development of its activities.
vwxyz@rediffmail.com (Querist) 27 November 2012
can we not ask on what basis they name transferred, because to my knowledge there is no document available with temple,the only unregistered document is in my pocession and earlier it is only by routine practice the proceeds were going to temple
Raj Kumar Makkad (Expert) 27 November 2012
You shall have to first obtain the title documents of temple and then shall have to challenge those before civil court and only then as per inheritance of your grandpa, shall have t proceed further as desired.
Raj Kumar Makkad (Expert) 27 November 2012
Unless the transfer of ownership in your name is not effected in papers, you cannot sale the property as desired even though your aim is to form a trust for the welfare of the trust.
vwxyz@rediffmail.com (Querist) 28 November 2012
Sir, Thank you very much. Can I file petition under RTI for getting the title documents of he temple? If yes how much will be my expenses?
Raj Kumar Makkad (Expert) 29 November 2012
You need not to move application under RTI Act rather the revenue record is a public document which can be got obtained by any person by applying it and its expenses are very meager say below Rs. 100/-.


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