Purchase of property
Querist :
Anonymous
(Querist) 26 April 2011
This query is : Resolved
I am interested in purchasing a property situated in Dharwad city of Karnataka. The property has been transferred from father to one of his son by submitting a application on Rs 20 bond paper (relinquishing of right over property in favour of son)in the office of tahshildar. The tahsildar has mutated the RTC (record of rights) and the latest RTC shows the name of son. But no deed was registered in the sub registrar office. Is the property transfer legally valid. Does tahsildar has powers to change the name in RTC on basis of a unregistered document. Who is the legal owner of the property. Can the son execute the sale deed in my favour with father as witness. Or both father and son jointly as sellers can execute a deed in my favour. Which is a legally correct way
R.Ramachandran
(Expert) 27 April 2011
You have very correctly raised certain pertinent points as far as the property is concerned.
First and foremost, the question of Relinquishment in favour of anybody else will arise only when both the persons have right over the property. Therefore, first examine whether both the father and son had any interest in the property, or only the father had interest in the property.
If only father had interest in the property, the question of him giving any relinquishing deed in favour of his son does not at all arise. At best, he can give a registered Gift Deed or a Sale Deed, and nothing other than this.
Moreover, you have also not indicated when was the Rs. 20 stamp paper was submitted to the Tehasildar?
From the facts given by you, it is only the Father who is the owner of the property. This being so, the son cannot execute the sale deed. The question of both father and son jointly executing the sale deed is also not correct, since one of them is not the owner.
The best way forward is to find out the truth about as to who was the original owner whether father alone, or father and son. If it was only father, then get the sale deed executed by the father duly witnessed by the Son. If both father and son had interest in the property in question, then get the sale deed executed by both of them. Before doing this, you have to get the Encumbrance Certificate where from you will come to know who was the original owner.
adv. rajeev ( rajoo )
(Expert) 27 April 2011
If the property is self acquired property of the father then he can dispose according to his will and wish. If it not self acquired then he cannot, he has got right to transfer his share in the ancestral property.
If any property more than Rs.100/- transferred then such document should be regd.,, but normally on the basis of the vardi change of name takes place in the property extract.
Querist :
Anonymous
(Querist) 27 April 2011
thanks very much for the reply.
The property was self acquired by the father, and father is the only owner of the property. The Rs 20 bond paper was submitted to the tehsildar office in March 2010. The bond paper mentions that the father is giving up his right over property in favour of his son as a part of understanding within the family over division of his property among his children. The Encumbrance certificate contains the name of the father.
Now if a sale deed is executed with father as seller and son as witness, will the sub registrar have any objection, as the RTC mentions the name of the son. Assuming the sale deed is executed, when I want to put my name in RTC records, will the tehsildar have any objections as the seller is father, but RTC recors contain the name of son.
R.Ramachandran
(Expert) 27 April 2011
In that case first put an RTI to the tehasildar concerned - asking the following specific queries:
(1) Whether he effected mutation of the name of (give son's name), son of (give father's name) in respect of the property (give complete description of the property, its location etc.) and if so when?
(2) The document on the basis of which such mutation was effected?
(3) Whether the document mentioned in answer to question (2) above is a duly stamped and registered document?
(4) If answer to query No.3 is in the negative, then whether the mutation of the name of the son effected is valid in the eyes of law?
Upon receiving the reply, and satisfying yourself, go ahead appropriately.
Guest
(Expert) 27 April 2011
In revenue records, the revenue officers usually do changes that are not valid in law. However, I agree with Ramachandran's advice for proper solution to the problem.
