Property distribution matter
Jidnyesh Behere
(Querist) 02 December 2015
This query is : Resolved
Dear Sir,
I would like to take suggestion what should be the option for me on below.
My grandmother having 15 acre agri. land. which was gifted property fromhis mother.
My father having 2 brothers and 1 sister.
But one of my uncle is convinced(forcefully) to grandmother to transfer some agri. land on his name.
& he occupied 7acre land and again forcing to take his part from pending land.
I would like to make the equal distribution of land.
Please guide me on the same.
prabhakar singh
(Expert) 02 December 2015
My grandmother having 15 acre agri. land. which was gifted property from her mother.""
If your aforesaid statement is true and gift was made by a registered deed then grandmother can not take it back to give it to anyone else, be it your uncle or someone else.
Kumar Doab
(Expert) 02 December 2015
This is with limited understanding from your post.
If the property was gifted by a valid gift deed by mother of your grandmother....................to your grandmother................then it would have become absolute property of your grandmother.
Your grandmother is free to give any share or entire to anyone.
You want it be divided equally.
How can it be achieved?
You may show all property related chain of documents to an able lawyer specializing in family/property/revenue/civil matters for opinion and understand merits of the matter.
Jidnyesh Behere
(Querist) 03 December 2015
@Prabhakar Sir,
There is no any registered gift deed by Grandmother's mother.
The said property is on account of my grandmother and his elder sister.
My grandmother(Keshar) having one elder sister(Anusaya).
Land on account of Anusaya get transferred to Keshar's account and then out of that transferred to my uncle;s account.
In this matter there no any registered gift deed is done.
Due to credulous nature of my grand mother uncle get discipleship to grandmother and keep eye again on most of land acquisition.
Please help me
P. Venu
(Expert) 03 December 2015
Did your uncle get the property through a registered deed?
Jidnyesh Behere
(Querist) 03 December 2015
Sir,
His name on 7/12 is found now.
He is not made any registered deed for this.
Rajendra K Goyal
(Expert) 03 December 2015
Discuss with local lawyer and show him all the documents.
P. Venu
(Expert) 03 December 2015
"His name on 7/12 is found now." Whose name? What is 7/12? Where is the property situated?
Advocate Ravinder
(Expert) 04 December 2015
To get the proper answer first you have to answer the following:
1. How did Keshar (your Grand Mother) and Anasuya got property to their name. By regd. Gift or succession?
2. How did the property of Anasuya transfered to Keshar. Is Anasuya still alive?
3. How did your uncle got transfer the property on his name. i.e. by way of registered gift, sale deed etc.
4. At present whose name is reflected in the 7/12 extract.
5. Also check up in the concerned sub registrar office and Dist registrar whether any of your family members names are reflected or not (this can be done by Special search by names).
K.S.Srinivas
(Expert) 08 December 2015
Better consult lawyer with all the documents.
Jidnyesh Behere
(Querist) 09 December 2015
Dear Ravindra Sir,
Below are the answer for your questions respectively.
1. Keshar & Anusaya got property by succession.
2. Anusaya is still alive and this is transferred at talathi office.
3. Uncle transferred property at Talathi Office. There is no any gift deed or Sales deed.
4. On 7/12 extract 6 Acres on my Uncle name & remaining is on my grandmother Keshar name.
5. I will check this at sub registrar.
office.
P. Venu
(Expert) 09 December 2015
Entry in the 7/12 extract do not constitute title as to property.
Advocate Ravinder
(Expert) 09 December 2015
Clarify me again the following points.
2. Anusaya is still alive and this is transferred at talathi office.
--By which deed it was transferred, it might be gift deed, what is the deed No. and date and where it was registered.
3. Uncle transferred property at Talathi Office. There is no any gift deed or Sales deed.
--Without any deed (gift or sale deed) property cannot be transferred at Talati. If you take the E.C. you will be knowing every thing. Or if you can the details of the latest Document executed in the Sub Registrar, I can find it myself. (Doc.No. the name of the registrar office where it was registered, to which state you belong)
4. On 7/12 extract 6 Acres on my Uncle name & remaining is on my grandmother Keshar name.
--There will be Two columns one is Pattadar Coloumn (owner column) another is Possession column (who are in possession i.e. name of person who cultivates the land). Pattadar column is important. Pl clarify me that the above 6 acres falls in which column. If possible send me the scanned copy of 7/12 (translated to English).
Note—You have not mentioned about your religion. What is your religion.
I DISAGREE WITH P.VENU THAT 7/12 DOES NOT CONSTITUTE TITLE.
Kumar Doab
(Expert) 09 December 2015
You may obtain certified copies of all documents in the chain and show these to an able counsel specializing in such/civil/property/revenue matters and well versed with local laws.
Thereafter you can proceed as per advise of your lawyer.
I also feel the same as rightly pointed out by Shri P. Venu that 'Entry in the 7/12 extract may not necessarily confer title of ownership of property.'
Advocate Ravinder
(Expert) 09 December 2015
The experts are mistaking that the 7/12 does not confir title. It is the main and Important document relating to Agricultural lands. It shows the details of who is the pattadar (owner) of the property and who is the actual cultivator (Lessee, the extent of the Agricultural land, nature of the land, revenue to be paid to the Govt etc.
But the problem is when the owner wants to sell the land to some xyz and executes a sale deed in favour of xyz, this sale transaction is to be intimated to the Tahasil Office by the Registration Office. But it is not going like that.
Even the purchaser (xyz) is not intimating the same to the Tahasil. Hence, Mutation is not taking place. Naturally the name of the purchaser will not reflect in the 7/12 extract. So, some people are thinking that 7/12 does not constitute title.
Hence when we want to purchase the same land from xyz, we have to rely on both EC and 7/12, link documents and other property documents all together to get the correct legal scrutiny report.
P. Venu
(Expert) 09 December 2015
Revenue records, prima facie, pinpoint of title. However, it is a settled principle that revenue records are by themselves not conclusive evidence of the facts, which they purport to record. A catena of the judgments of the Privy Council, the Apex Court and various High Courts has emphasized this rule. A Division Bench of the High Court of Andhra Pradesh had held in Ramanna v. Samba Moorthy, AIR 1962 AP 361 as under:
"9.....In our view, the entries in the revenue records, though they may be relevant evidence under Section 35 of the Evidence Act, are not evidence of title. In Nirman Singh v. Rudra Patrab Narain Singh, 53, Ind App. 220 at p.227:98 Ind Cas 1013 at p.1017 = AIR 1926 PC 100 at p.103, it was observed at Page 227 (of Ind App): (at p. 103 of AIR) by the Judicial Committee as follows:
"The perusal by their Lordships of the judgment of the Court of the Judicial Commissioner of Oudh leads their Lordships to think that it is to a great degree based on the mischievous but persistent error that the proceedings for the mutation of names are judicial proceedings in which the title to the proprietary rights in immovable property are determined. They are nothing of the kind, as has been pointed out times innumerable by the Judicial Committee. They are much more in the nature of fiscal inquiries instituted in the interest of the State for the purpose of ascertaining which of the several claimants for the occupation of certain denominations of immovable property may be put into occupation of it with the greater confidence that the Revenue for it will be paid."
10. In our view, therefore, though the entries in the Diglot register may be evidence, they are by themselves not conclusive evidence of the facts which they purport to record. It may turn out that they are in accord with the general bulk of the evidence in the case and they may supply gaps in it. When viewed in the light of other compelling circumstances from which inference contrary to such entries can be drawn, they may become unimportant and their value insignificant."
The Apex Court has sustained this principle in Sawrni vs. Inder Kaur 1996 SCALE(6) 333
"Mutation of a property in the revenue record does not create or extinguish title nor has it nay presumptive value on title. It only enables the person in whose favour mutation is ordered to pay the land revenue in question. The learned Additional District Judge was wholly in error in coming to a conclusion that mutation in favour of Inder Kaur conveys title in her favour. This erroneous conclusion has vitiated the entire judgment."
Jidnyesh Behere
(Querist) 10 December 2015
Thanks lot to all give valuable input on this.
whenever required I will take help of Experts team.
