Transfer of ownership
Sonia
(Querist) 26 August 2015
This query is : Resolved
We are having a land of 25 cents and a house in that which is in the name of my father.My father passed away and its been 15 years.As it is we haven't transfer the name of that land to anybody.
I am having one sibling.Its a brother.As my mother decided to change the ownership of that land to both children.
As per my understanding,we three have the privilege in that land as the land is owned by my father.
So need to know that
.is it possible to change the ownership to three members without partitioning the land?
.Or if we have changed the ownership to mine and my brother's name,how can i protect my mothers privilege in that land.Because i don't want to sale or anything happen to that land until my mom is alive.
.After changing the ownership to both children,is it legal and valid that we children declare an affidavit to my mom that we are not going to trade this land without her knowledge and acceptance until she is alive.
kindly let me know is there any other way to give surety to my mother for this purpose in legal?
Sonia Antony
kavksatyanarayana
(Expert) 26 August 2015
discuss with your mother and brother and then partition the property in three (3) shares and get it be registered in subregistrar office where the property is located.
Rajendra K Goyal
(Expert) 27 August 2015
The title of property can be transferred without partition of the property.
Your mother can relinquish her right to transfer the property in remaining heirs.
Your mother can specify conditions in her relinquishment deed.
Discuss with local lawyer on all aspects.
Sonia
(Querist) 27 August 2015
Thanks to all for the kind replies.
we have planned to mutate the property on to the children by making a relinquishment deed from my mother which includes a condition.
Hope it will work.
Anirudh
(Expert) 27 August 2015
There can be no condition attached to a Relinquishment Deed.
In any case, why do you want to do all these things now, especially when you do not want to sell the property now when your mother alive?
I don't even understand the purpose.
Sonia
(Querist) 27 August 2015
Mr Anirudh,
Because the village officer is not ready to accept the tax as we haven't changed the transfer of ownership for the last 15 years after my dad's death.
Somehow we have managed till this year by giving promises to change the transfer will happen in next year for the last 15 years.......
Apart with that are you sure we can't make the condition in the relinquishment deed?
Because I have received a reply states my mother can make a relinquishment deed with a condition for mutating.
Getting confused.......
Anirudh
(Expert) 27 August 2015
If that is the issue, then have the property mutated in the name of all the three of you. There cannot be any issue for that.
For paying the tax, where is the necessity to get the property relinquished etc. etc.?
All that you have to show for getting the mutation in the names of all the three of you, is the legal heir certificate which would mention that all the three of you are the legal heirs of your deceased father. That's all. Nothing more.
Sonia
(Querist) 27 August 2015
Mr Anirudh,
So mutating the property more than two people do we need to go for any partition????
The registrar intimated us that to change the ownership more than two we should go for the partitioning.....
But we don't want to.
Anirudh
(Expert) 27 August 2015
Dear Sonia,
Pl. appreciate. What is mutation? Mutuation is nothing but change of names of owner in the relevant document.
The change of ownership in your case is necessitated because of the demise of your father.
That does not mean, one has to partition the property to get the mutation done in the names of the legal heirs of the deceased.
There is no rule that for mutation of more than two names, there should be partition.
Please confirm the following:
1. Have you got the legal heir certificate mentioning the names of all the three of you?
2.Have you got anything in writing from stating that if there are more than two names for mutation, then there should be partition?
3. If answer to point No.2 above is YES, then please type the contents of the letter here so that one can examine and come back to you.
P. Venu
(Expert) 27 August 2015
With the expiry of the father, the property is already vested with the legal heirs. On the strength of the death certificate as well as the legal heir certificate, the mutation could be carried out jointly in favour of all the three legal heirs.
Sonia
(Querist) 27 August 2015
Mr Anirudh,
We haven't applied for legal heir certificate as it is.
And I haven't get any writings only got intimation from registrar.
By doing mutation,does anybody can have the privilege to trade or pledging their land to somebody?
If so I want to block that until mom is alive.
Anirudh
(Expert) 27 August 2015
1. If anybody has any share in the property, that person can definitely trade/pledge his share. That nobody can stop.
2. Having said that, if anybody purchases a part of the land, that person has to apply for and obtain partition before effectively stepping into the land. (The partition can be demanded either by the person who has a share, or by the purchaser after buying the share).
3. As far as house is concerned, even if a person sells his share, the buyer will not be able to seek partition or enjoy it. This is because, the seller has to first offer it to the existing owners (i.e. you and your mother). Only when you say that you will not be able to buy his share, then he will be able to sell it to an outsider.
4. Mutation does not give title to the property. Therefore, mutation will not ensure that the share in the property won't be sold.
Sonia
(Querist) 27 August 2015
Mr Anirudh,
As per you said,mutation will not work out to block once's privilege to trade their own share.
Is there any other way to overcome like changing the whole land to my mother's name and get registered with the acceptance of both children.
And thereafter my mom's period, can we share it equally as property is owned by my mother?
Any chance my brother Have a claim any extra in that property more than 50%?
P. Venu
(Expert) 27 August 2015
You are not disclosing the complete facts. Please state your problem without burdening us with your inchoate understanding of the basic legal concepts.
Sonia
(Querist) 27 August 2015
Mr Venu,
Hope you will get the idea once you refer my first query.
Please do remember that I will be easily understand the legal concepts which you explained whether I among one of you.
In my case i am a common man so will not understand as easily as you thought not being an attorney.
Thank you.
Anirudh
(Expert) 27 August 2015
Dear Sonia,
YES, you and your brother can give a REGISTERED relinquish your shares in favour of your mother.
On that basis, the mutation can be got in favour of your mother.
After your mother, as you very correctly stated, the property can be divided equally between you and your brother.
Unless your mother makes any WILL, it is not possible for your brother to get more than 50% of the property.
Sonia
(Querist) 27 August 2015
Mr Anirudh,
Thanks a lot for your kind replies and time.
Hope this would be a satisfied one.
All I need to protect my mom without give up my privilege.
