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ASGAR FANSOFKAR (ENGINEER)     04 January 2024

TRANSFER OF PROPERTY ON DEAD PERSON NAME

Dear Sir,

We are all together for heirers of a house in Ratnagiri district Maharashtra,

My mother died three years and I have requested Gram Panchayat to transfer the house on all four names of the heirers after submitting the Death certificate of my mother to the Grampanchayat, and now after 2 years of the transfer, one of the heirer approached Gram Panchayat to transfer back the House in the name my mother.on which the gram panchayat has sent me a letter to solve the matter between us or they will transfer back the house on my mother's

kindly let me know whether the gram panchayat has the right to transfer back the house on my mother's name who is dead.

Thank you


Dr. Asgar Fansofkar


Learning

 4 Replies

P. Venu (Advocate)     04 January 2024

On the death of the mother her property, that is left intestate, has devolved upon all the legal heirs. The rights, title and interest, so vested, cannot be altered by the entrries made or changed in the Municipal or Revenue records. Such entries are primarily for fiscal purposes as to the person liable for paying the taxes and other revenue/municipal levies.

ASGAR FANSOFKAR (ENGINEER)     04 January 2024

Sir my question is not answered

T. Kalaiselvan, Advocate (Advocate)     04 January 2024

If you have received a notice from the revenue department,  you can give a reply stating that it is incorrect and illegal to transfer the revenue records on the name of the deceased person. 

You can also give an explanation under which this was transferred to the legal heirs,  hence the authorities have no rights to revert the entry just because somebody has given a frivolous complaint. 

Subsequently you can approach civil court with a suit for permanent injunction restraining them from reverting the revenue records to the name of the deceased. 

 

ASGAR FANSOFKAR (ENGINEER)     04 January 2024

Thank you for your reply

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