Agricultural land
Samir Thaker
(Querist) 24 April 2017
This query is : Resolved
My father had purchased 14 acre of agriculture land in govt auction (the land sold by govt was of people who migrated to pakistan) than few years later this land was sold but parallely a small piece of land was purchased (both lands are located in Dwarka district, Gujarat). Both the lands were purchased in my mother's name in 1977, we have all the relevant documents such as sale deed, fee receipts, purchase receipt. Now as my mother passed away in 2003 we initiated the process of transfering the land to my father but we found that since 1977 the revenue dept has not till date transferred it to my mother's name, neither 7/12, 8 forms are on my mothers name, still the name of the person who migrated to pakistan is shown as owner, there is no cancellation order of our sale deed also. Now the revenue dept is not giving any opinion about transferring the land to my father's name, we have been following up with revenue dept since 2.5 years. Pls guide
P. Venu
(Expert) 25 April 2017
What are the documents you are having, as to the proceedings of sale?
Ms.Usha Kapoor
(Expert) 26 April 2017
Please answer the question raised by Venu.
Hemant Agarwal
(Expert) 26 April 2017
1. Executing any type of Deed and other related documents for immovable property does not confer "Title-Ownership Rights", since such documents can be mutually revoked, by the parties.
2. After executing the Deed, it is ABSOLUTELY necessary to "immediately" give a certified copy to the local revenue department, for mutation, on revenue records. ONLY "AFTER" mutation the "Title-Ownership Rights" are transferred to the new owner. Transfer by default, is never possible.
3. In the present case, Land mutation has to be "FIRST" done in name of mother, by following due procedure of law and various documentary procedures.
4. File proper petition before the local Collector /Civil court, for further proceedings and mutation and title-ownership.
Keep Smiling .... Hemant Agarwal
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