Land related documents

Querist : Anonymous (Querist) 31 December 2011 This query is : Resolved
Respected Experts,

I was born in India and had Indian citizenship and now a United States citizen.

My father became a sannyasi more than 10 years ago and my mother is in her late 80's.
I do have 3 younger sisters and they all live in India. They all want me to take ownership of all my parents lands and register before anything happens to my mother.

we do not have patta or sale deeds of my parents lands in Tirunelvi(Tamil Nadu) but my sister has been paying all land taxes and she maintains receipts.

With this information, need to get official land documents (like sale deeds, patta etc)
Please advice
1. how long it will take?
2. do I need to be physically present in India
3. how much will it cost
4. the land is agricultural and can the land title be transferred to me (i.e heir but an Overseas Citizen of India)
5. in case something happens to my mother before the properties of transferred, is there any complications?

Thanks in advance for your guidance.

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A V Vishal (Expert) 31 December 2011
1. how long it will take?

Ans. It may take 3-6 months.

2. do I need to be physically present in India

Ans. Not required, you may appoint an agent by a POA.

3. how much will it cost

Ans. Depends on the complications involved since without getting into the subject in depth it will be not wise to advise.

4. the land is agricultural and can the land title be transferred to me (i.e heir but an Overseas Citizen of India)

Ans.Yes.

5. in case something happens to my mother before the properties of transferred, is there any complications?

Ans. No problem, you will have to seek legal heir status and a declaration to the effect from a court to succeed the properties.

Querist : Anonymous (Querist) 31 December 2011
Thanks for your clarifications

Prakash Yedhula (Expert) 09 January 2012
You cannot obtain sale deeds for the lands. Since your sister is paying the land tax, normally there should be patta as the revenue records should have already been mutated. All of you can enter into a family arrangement/partition and in case your sisters are willing to execute a release deed in your favour that can be done.

prabhakar singh (Expert) 09 January 2012
The crucial information in your uery is that"My father became a sannyasi more than 10 years ago ......"

Then all the record would still be in his name,then you need to move mutation along with mother before revenue authorities claiming his renunciation 10 years back due to becoming sanyasi and if they refuse then a suit of declaration would be required.your sisters are also heirs.

Better consult a local lawyer and let him pick facts from this angel.

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