transfer of undevided share in inherited agricultural land.
r.pratap
(Querist) 05 August 2015
This query is : Resolved
Sir
my query is :
1.
Agriculture land iis mutated in favour of we 2 brothers and our mother in revenue records.name of our sister is left out , can my mother relinquish her wrong share to my brother alone or she can relinquish in favour of all remaining.Since our sisters do not object still how can I object .whether she can transfer it by gift deed selectively for single co heir.
land also include a portion which my father got from my grand father.
2.whether such inherited land is called co parcenery property or simply joint family inherited land.
Chanchal Nag Chowdhury
(Expert) 05 August 2015
1)Mutation ipso facto does not give title. Mother can relinquish in favour of whomsoever she chooses.
2) Jt.family inherited land.
r.pratap
(Querist) 06 August 2015
Sir
There is difference in relinquishment and selection .according to some legal views if you want to relinquish , it should be in favour of all and the person cannot select .in case of selection one can not take benefit of relaxed stamp duty provision .selected transfer is a conveyance. Sir agin expert openion is to be provided .and the share of mother which has been relinquished is not correct as the sister has been wrongly left out in record .who can object that .whether I alone can object for this type of wrong committed or alone sister can object.
Thanks.
P. Venu
(Expert) 06 August 2015
You have not stated as to whom the property belongs/belonged and whether it was ancestral or otherwise.
r.pratap
(Querist) 06 August 2015
Sir
Some land is my fathers self acquired , and some 13 bighas he was having share from my grand father which still not partitioned but my uncles etc using separately so that also will come to us, so property are of both types le.fathers self aquired 70 bighas and 13 bighas from grand father.my sister is now married but her name was left out long back say in 1990 when my father expired.but she may not be interested now in any dispute but because her name left out our share is wrong to thst extent.
