mrinal kanti naskar (N.A) 11 November 2011
Ramesh died leaving behind 3 sons 1) SURESH 2) MAHESH 3) DINESH . Ramesh has 3 plots of land,3acres each.
Suresh applied for mutation & received his share i.e 1/3 share in each of the 3 plots. rest is left with ramesh's name since mahesh & dinesh didn't apply for mutation.
now suresh,mahesh& dinesh wants to take full share of 1plot each.
my query is since mahesh& dinesh have not applied for mutation,will they be able to transfer their share of the plot that suresh intends to take ?
basavaraj shiromani (Advocate) 11 November 2011
No, because the propreties still standing in the name of decesed Ramesh only. One thing I do not understand that how Suresh alone enered his name for 1/3 share in the property extract. there is no provision as such in the revenue act. It is sufficient that one of the LR may apply for entering all the LRs on records. But in this case, Suresh has got enered his name to 1/3rd share and the remaining 2/3rd share is standing in the name of decesed Ramesh. Under these circumstances the remedy is to apply for mutating their names in the records then afterwards they may transfer it to anybody
Satish Solanki (Talathi/Patwari) 11 November 2011
what is the meaning of revenue act ? do you have soft copy or book, pls send me for my reference.
Advocate Vishnu (Advocate) 14 November 2011
The mutation record of the property will be availble with the corporation or municipality authoriesed to collect the property tax on the property. Mr.Basavaraj means to say , since your father died intestate in order to transfer the property tax details , a legal heir certificate consisting of legal heirs will have to be produced at the time to mutation. You can point of this mistake and get it corrected in the revenue records of the corporation/municipality.
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