Acquisition of property

shyam lal (Querist) 25 May 2021 This query is : Resolved
Till date after the lapse of 16 years the legal heirs have not got their shares muted in the concerned revenue records of the Nagar Nigam.
As per the registered WILL(self acquired)
Query ,can government aquire the property ,second can a third party apply for title transfer and legal possession after full filling conditions /prerequisites

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Even after 16 years, legal heirs can still apply for mutation of their inherited property shares in revenue records. Neither the government nor a third party can acquire the property due to the delay in mutation. While adverse possession is possible after 12 years, it requires court declaration. The revenue department has a duty to process land tax and mutation, and legal heirs should pursue this to secure their rightful shares and consider amicable partition.

K Rajasekharan (Expert) 25 May 2021
Neither the government nor any other person can take over or get the title of the land in question. So “no” is the answer to both the questions.

But if any other person has taken possession of the land with the knowledge of the legal heirs (adverse possession) and has continued it for more than 12 years, he could have applied to the court for declaration of title of the land to him.

The passage of 16 years without mutation is not the fault of the legal heirs alone. It could have been done suo moto by the revenue department as well. (This is based on Kerala rules for transfer of registry but similar rules would be applicable in other states too).

It is the duty of the revenue department to claim the land tax without allowing it to accumulate for such a long time, for which mutation is a pre requisite.

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T. Kalaiselvan, Advocate (Expert) 25 May 2021
The legal heirs/beneficiaries of the Will can applynfor mutation of the proeprty even now.
The irrelevant parties cannot claim title or acquire the property for any reason, if at all they do so, then they can be termed as committed an offence under anti land grabbing act.
At least now you people act to get the property mutated and for an amicable partition among the shareholders if it is not possible to hold the property jointly anymore.

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Advocate Bhartesh goyal (Expert) 26 May 2021
No, there is no time period /limitation fixed in law for mutation it can be muted anytime.Nagar Nigam or third party can not take any advantage of non mutation and can't acquire or claim title over the property on any pretext.

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P. Venu (Expert) 26 May 2021
Has the 'legal heirs' got the WILL probated, if so required? Are the legal heirs in possession/occupation of the property?

shyam lal (Querist) 27 May 2021
Expert Venu you are supposed to answer the query,not ask questions of no relevance.

P. Venu (Expert) 27 May 2021
Any meaningful suggestion requires complete and material information be provided free of ambiguity and vagueness..

shyam lal (Querist) 27 May 2021
O.K.Mr.Venu.,I further furnish information desired by you,
01/-Probation for Indian Christian not required.
02/-Legal heirs residing in the property.
Request a legal and valid reply free.

shyam lal (Querist) 28 May 2021
Hello Expert P. Venu ,waiting your valued answer

P. Venu (Expert) 30 May 2021
On thee death of the testator, the property is already vested with the legatee. Inaction in getting the mutation carried out would not, in any way, negate or, in way adversely, affect this vesting.

The inaction in vesting will not render the property immune from vesting. It could be, like any other property, acquired through the due process of law. And the persons, occupant/legatee included, holding any interest therein are entitled for due compensation.

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