property cancellation of SALE DEED
B.M.NAGARAJ
(Querist) 27 July 2011
This query is : Resolved
SIR,MY GRANDMOTHER HAD A PROPERTY OF 15ACRES IN MADIKERE,(karanataka)WHICH HAD COME FROM HER FATHER. AFTER SHE DIED IT CAME TO MY FATHER AND HIS SISTER.MY FATHER WAS MARRIED AND HAD 3 CHILDRENS. MY FATHER AND SISTER JOINTLY SOLD THE 15ACRES OF JAMA BANE IN 1978.BUT THEN I WAS MINOR,WHERE AS MY SISTER WAS MAJOR AND BROTHER WAS ALSO MAJOR BUT MENTALLY RETARD. AND THEIR WAS NO WILL TO THE SAID PROPERTY.ACCORDING TO VILLAGE PANCHAYAT THE RTC STILL CARRIERS MY FATHER'S NAME AND AS HE IS NO MORE. THE PURCHASER HAD APPLIED FOR THE CHANGE OF NAME IN MUTATION CERTIFICATE WHICH WAS REJECTED BECAUSE OF NOT SHOWING MULLA PATRA.NOW CAN I FILE A CASE ON THEM. IF YES HOW. IF NO Y.
R.Ramachandran
(Expert) 27 July 2011
Now, who is in possession of the property?
B.M.NAGARAJ
(Querist) 27 July 2011
THE PURCHASER IS IN THE PROPERTY SINCE 1978. AND HAS CULITVATED AND HAS NOT PAID THE TAX.
R.Ramachandran
(Expert) 27 July 2011
Dear Mr. Nagaraj,
What case you want to file on them - especially when you know that your father and aunt had sold it to them. Even if you file a case, they will claim possession through "Adverse possession". I do not know why and how the mutation was rejected. In fact, they ought to have gone to the court when their request for mutation was rejected.
B.M.NAGARAJ
(Querist) 27 July 2011
THANK YOU SIR. FIRST OF ALL THE PROPERTY WAS SOLD WITHOUT THE KNOWLEDGE OF MY SISTER AND BROTHER AS THEY WERE MAJOR. AND AS GRANDCHILDREN,WE DON'T HAVE ANY RIGHTS. AND WHY MY DAD NAME IS MENTIONED IN THE RTC EVEN TODAY IN THE COMPUTER. AND IN THE SALEDEED THEY HAVE NOT MENTIONED THE CHILDRENS NAME. IS IT NOT WRONG.ONLY THROUGH THE COMPUTER WE CAME TO KNOW THE PROPERTY EXITS.NOW EVEN THE VILLAGE ACCOUNTANT IS READY TO CHANGE THE RTC IN OUR NAME.IF WE SUBMIT THE DEATH CERTIFICATE OF MY FATHER.ONLY THE THING IS WE CANNOT PAY THE TAX AS PURCHASER IS IN THE POSITION. WHICH HE WILL NOT ALLOW US SURVEY THE LAND.
R.Ramachandran
(Expert) 27 July 2011
Since the property of your grand mother was inherited by your father and your aunt, it is their (your father's and aunt's) personal property and not 'ancestral property'. In the personal property, nobody needs anybody's permission or consent to dispose of the same. As such, whether your minor or major, your and your sister's permission/consent is not at all required. More over, it is also not necessary to mention either your or your sister's name in the sale deed since the property does not belong to you at all.
The village Accountant cannot change the name (mutate the name) as per his whims and fancies without appropriate supporting documents. He is also bound by law.
