Entering name in 7 12 papers of agriculture land
Darshan Shukla
(Querist) 12 April 2013
This query is : Resolved
Dear Sir,
My grand father was having 5 acres of land on his name near Gandhinagar, Gujarat . He passed away last year. Currently name of his daughters and son including name of my father is entered as heirs in 7/12 papers. My father wants to enter name of myself and my sisters in 7/12 but my uncle and aunty are objecting for it. We applied in tehsildar office and the hearing is soon on the matter.
How can we argue with Tehsildar and convince him for entering our name. As per Hindu Succession act me and my sisters are also eligible for share in my grand father's property. Can tehsildar reject my application. I will be very thankful if anyone clear my doubts and advise.
Best Regards.
R.K Nanda
(Expert) 13 April 2013
press ur case hard.
Darshan Shukla
(Querist) 13 April 2013
I didn't get your reply sir.....
R.K Nanda
(Expert) 13 April 2013
contest ur case strongly in tehsildar office.
Darshan Shukla
(Querist) 13 April 2013
Respected Sir,
Please suggest any law reference that I can mention to tehsildar while representing my case. Or any advise on the issue that may be helpful for me. Kindly suggest sir.Thanks in advance.
With Best Regards.
Raj Kumar Makkad
(Expert) 13 April 2013
You have no right to get your name inserted in 7/12 extracts during the life time of your father.
If your father relinquishes his share in favour of both of you by way of a registered relinquishment deed or gift deed then it can be done.
P. Venu
(Expert) 14 April 2013
Mutation of a property in the revenue record does not create or extinguish title nor has it any presumptive value on title.
M V Gupta
(Expert) 15 April 2013
your demand for inserting ur name and ur sisters name in the property card is not sustainable in law. The successors to ur GF's property are his sons and daughters and wife, if alive and so long as they are alive, their children cannot claim rights in the property. If u want ur names to be inserted in the property card, the only way is as suggested by Mr.Makkad.
Advocate Ravinder
(Expert) 19 April 2013
As it is ancestral property, you and your sisters are entitled to the share in the property even if your father is alive. Normally, Tahasildars do not have much legal knowledge. You make an application before tahasildar and higher authorities to insert your names. If he fails to do so, you can file a writ petition in High Court against the tahasildar making collector and revenue ministry as parties. The High Court shall direct the Tahasildar to make necessary entries.
Darshan Shukla
(Querist) 20 April 2013
Thank you so much sirs for your valuable guidance.....I really appreciate this site and to the great people like you all helping others.....Thank you so much...
