Did not add sister's name in 7/12 extract in Uttan, Maharashtra on death of father
Querist :
Anonymous
(Querist) 26 September 2010
This query is : Resolved
I am a 70-year old lady staying in Uttan Taluka, Thane District, Maharashtra. My father died in 1965. I have only one brother. I just came to know that my father had 25 gunthas property in Uttan worth 25 lakhs now. The 7/12 extract was changed by my brother in his name in 1990 i.e. 20 years back. He has omitted my name from the 7/12 entry. I came to know about this property when accidentally I met the Talathi of Uttan village, who told me about this fact.
1) How can I add my name in the 7/12 extract?
2) Am I barred from the Law of Limitation?
3) Can I file a police complaint against my brother for committing this fraud? He is refusing to add my name.
Please help...
Thanks in advance.
Devajyoti Barman
(Expert) 26 September 2010
You can meet the concerned land records department and ask for addition of your name in the record of rights. But most importantly file a suit for partition of your father's property. There is no limitation for it.
Kirti Kar Tripathi
(Expert) 27 September 2010
You can file a civil suit for partition against your brother, in which you can take a plea of knowledge of the fact and fraud.
Shashikant V. Patil
(Expert) 27 September 2010
Dear Madam,
First you check up the revenue record, whether, after death of your father in 1965, Talhathi (Village Revenue Officer), had entered the legal heirs names i.e. both of you (brother and sister) by a proper certifying Mutation Entry. If it is avaliable pl check old 7/12 of 1965 onwards, and check how your name had been deleted. You will come to know by taking out all old records ( i.e old 7/12 and Mutation entries). If is maliciously deleted , you can file a RTS appeal with a Tehsildar for entering your name by making Talhathi and Circle Officer parties(i.e respondent along with your brother). Tehsildar will entertain the same and issue notices to all above and ultimately he will issue order to enter your name in the 7/12.
niranjan
(Expert) 27 September 2010
Actually when owner dies,his heirs' names are first inserted in Village Form VI i.e. Record of Right,so Mr. Patil is correct.It is better to get true copy of RR and if your name is not inserted you can file appeal before the higher authority i.e. Dy. Collector. However other opinions of filing suit for partition are also correct,but it is better to first approach the revenue authority.
