Agriculture land share transfer
Querist :
Anonymous
(Querist) 21 May 2011
This query is : Resolved
Dear Expert
We have 15 bheega agriculture land in delhi in the name of myself,4 sisters and our mother(as per khatoni,Patwari).
My sisters hv transferred their own share
by relinquish deed in favour of me separetely(separate RD for each share)in 2009. Our mother was expired in 1977 with no will.I have death certificate of my mother also As per govt officials our mother share will be distributed equally in favour of all members automatically.
(Still not distributed in khatoni)
We did not attached our mother's death certifice when my sisters executed their own share RDs due to our lack of knowledge
1>Now if my sisters / sister also want to transfer this share in favour of me then
how each share will be transferred in favour of me?
2>What is procedure if now we attach death certificate of our mother.
3>Is it this law that 2 RDs can be executed
i>for my sisters own share
ii>for the share which my sisters got from our deceased mother by way of inheritence
Pls help
Thnx in advance for ur reply
R.Ramachandran
(Expert) 21 May 2011
Dear Mr. Anonymous,
You posted the same query earlier under http://www.lawyersclubindia.com/experts/Agriculture-land--191306.asp
The question was properly answered.
NOW, WHY ARE YOU POSTING THE SAME QUERY, AGAIN THAT TOO IN A DIFFERENT THREAD?
WHAT IS YOUR IDEA?
Querist :
Anonymous
(Querist) 21 May 2011
Thnx for ur reply.
I am only in doubt - Is it applicable if we produce our mother's death certificate now?
Thts it
R.Ramachandran
(Expert) 21 May 2011
You need not produce any Death Certificate now. Straight away on the basis of the Legal Heir Certificate (which will show you, and your two sisters as the legal heirs)and the Registered Relinquishment Deed granted by your sisters, you can seek mutation of the property in your name. In case the Registration officials ask about your mother, then produce the Death Certificate otherwise there is no requirement at all.
Guest
(Expert) 22 May 2011
Agree with Mr Ramachandran.
Querist :
Anonymous
(Querist) 23 May 2011
Dear Expert
Thanks for ur reply for above mentioned querry and is very helpfull for me.
Pls also give advice on
Is it a law that two RDs can not be executed
i>for my sisters own share
ii>for the share which my sisters got from our deceased mother by way of inheritence
As registration officers always insist on this law and say now shares can not be transferred bocz only one RD can be used which is already executed
R.Ramachandran
(Expert) 23 May 2011
Dear Mr. Anonymous,
Your query has been repeatedly answered and completely. Yet you are persisting with the same issue again and again. Either you don't understand what we say or you have some other problem.
We have already told you, that since your mother died in the year 1977, the share of all the legal heiers i.e. you and your sisters got crystalised thereafter. Whatever your sister shall have after the passing away of your mother would include the share inheritable by all of you from your mother's property as well. Therefore, any RD given by your sister after the death of your mother, would include their complete share (share inherited due to the demise of the father + the share inherited due to the demise of your mother). Therefore there is no need for any separate RD to cover the portion from your mother's share.
Consequently, there will be only one RD from each of your sisters and not Two RDS - one for the inherited share from father and the other for the inherited share from your mother.
It will be another matter, if the original RD given by your sisters are not being accepted for registration, if there has been any inordinate delay in getting the same registered.
