Sandesh 05 July 2024

Property transfer

Hello experts, i m from Konkan region...we have the largest land available in 2-3 villages in different parts. After the death of my grandfather all land 7/12 changed to my grandmother's name and my father and 2 uncles and 2 aunts (Buwa-Aatya). 5 years ago my grandmother also expired, but still land transfer is not happened on her children's name yet. Bcoz, they are not good with each other, even they are not ready to come together and solve the problem. Meanwhile they did all oral distribution of the land and accordingly everyone is cultivating his or her own part of land. but legally still on 7/12 or 8A the each corner of land is registered on my grandmother's name followed by my father's ,uncle's and aunt's names. I need a solution, how to cancel my grandmother's name from the 7/12 and exact equal distribution of the total land parcels in between all varas(Nominees- my father,2 uncles and 2 aunts)?

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11 Replies

T. Kalaiselvan, Advocate (Advocate) 05 July 2024

Your father and his siblings are entitled to as share in the properties as a right. If your father wants his name to be records in his share of property then he has to first identify his share in the property. For this he has to file a suit for partition and seek separate possession of his share in the property. After that he can apply for transfer of 7/12 records to his name in respect of his share in the property

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kavksatyanarayana (subregistrar/supdt.(retired)) 05 July 2024

Yes. All the legal heirs can do partition with mutual consent, otherwise, file a partition suit in court.

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Sandesh 05 July 2024

Thank u for the reply Mr.T. Kalaiselvan sir and Satyanarayana sir. But how to identify the share in the land? After my grandmother's death her name is still in the 7/12 and other heirs. Apart from grandmother 5 heirs are there (My father, 2 uncles and 2 aunts (Buwa). To suit a partition in the court might get more expensive for us alone, and by spending funds alone, the all heirs will get their share also. Even do we have to ask to the aunts (Buwa's) also are they interested in father's property or not? And if they said no then what will be the formalities?

Dr. J C Vashista (Advocate ) 06 July 2024

I think 7/12 is recording of mutation (Intkal in Urdu) in revenue records, is it so ? If so, it do not change share of LRs of deceased grandfather / grandmother among their legal representatives.

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Sandesh 06 July 2024

Thank u Mr.Vashista for your precious reply. Still my question remains same, I need a solution, how to cancel my grandmother's name from the 7/12 and exact equal distribution of the total land parcels in between all heirs (Nominees- my father, 2 uncles and 2 aunts)?

T. Kalaiselvan, Advocate (Advocate) 06 July 2024

There's no provision to cancel her name from the 7/12 revenue records. The basic issue is that the property has not been partitioned yet. Hence first file a suit for partition, get your share allotted through court and then apply for mutation of your share in the revenue records, automatically your name will appear in the 7/12 records in your share of property. You don't bother about your grandmother's name in the revenue records after that.

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Sandesh 06 July 2024

Ok sir....thanks for your precious suggestion

T. Kalaiselvan, Advocate (Advocate) 07 July 2024

You are welcome for your understanding.

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Sandesh 08 July 2024

Hello experts...to file a suit for partition, what is the procedure?

T. Kalaiselvan, Advocate (Advocate) 08 July 2024

It is not a simple procedure that can be explained in one line through this forum. You can consult an advocate in the local with all relevant documents, explain your problems, once the advocate understands your problems, he will suggest the next course of action and may advise what kind of suit to be file d under the given circumstance.

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Sandesh 08 July 2024

Thank u so much sir....will do the needful