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Deepak Achar   25 January 2021

Owner ship details

Dear sir,my grandfather is having 3 sons,my father is younger son,. My grandfather purchased a property in 1939, When he was alive, transferred khata to my father name in panchayat office around 1998 before he dies, but without. Any documents or will, and my father is paying taxes on this property, and recently i have checked in panchayat office, khata is in the name of my father, so applied for e swattu, recently got e swattu in my father name,. But in bank asking for will or gift deed, for loan purpose,is it legally my father is owner of this


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 7 Replies

Real Soul.... (LEGAL)     25 January 2021

The property is snesistral and legally all the three sons i.e your father and two uncles are shsreholders in the propertry. The bank is rightly asking for either a gift deed  or will as you want to oust out your uncles from their legal rights. Just get setllement deed done with your uncles or you can never get the property.

G.L.N. Prasad (Retired employee.)     25 January 2021

A mutation entry in revenue record can neither a good title nor remove a title and it is only evidence of possession.  In case of undivided property, the possession is deemed in his capacity of the trustee, for and on behalf of all co-sharers.  Contact a local advocate for guiding you suitably.

Deepak Achar   27 January 2021

Sir, in this case, its not ancestors property for my grandfather, as mentioned my grandfather purchased this property in his own, 

Real Soul.... (LEGAL)     27 January 2021

True it was not ancestral property for your grandfather but he did not make any will or gift,

just paying taxs or having tranferred land in khata does not give your father an ownership right. Mere revenue entry without any suppourting document as  will, sale or gift deed is no good title. It will be challenged any time by your cousins or uncles and would be transferred  as per rights . 

Now  the transfer of land by your grandfather to his son could have been under some need or necessasity or for any other reasons, that won't be treated as deemed will.

However if there is any order made  by Revenue officer on the application of your grandfather where he had stated that he want to transfer his owned  land to your father and signed that application that would make some sence... otherwise just recover the dues you have been paying and share the land before it will fetch litigations

Deepak Achar   27 January 2021

But, e swattu  9/11A  also got in my father's name only,

and how can i know the details of how the property was transferred to my father's name ,, kindly let me know sir

G.L.N. Prasad (Retired employee.)     27 January 2021

Search website of the Revenue Authority and file RTI Application as per prescribed format and Rs.10/- as RTI fee and seek information as follows from State Public Information officer of the authority.

1.Please, provide me entire documents as certified copies for the mutation effected in Survey No................of ..................village..................Taluk (Tehasil) from the name of deceased Sri..........................to in the name of .....................................

Deepak Achar   27 January 2021

But, how can the government issue e swattu in my father name , in 9/¹1 khata, they have mentioned my father name as owner of the property.. 


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