Addition of name of non-farmers to the agricultural land
Querist :
Anonymous
(Querist) 16 March 2020
This query is : Resolved
My grand-father is not a farmer and he doesn’t hold any type of immovable property.
My father is a government school teacher and not a farmer but purchased agricultural land in the year 1983 after taking prior permission from the DC to purchase the agricultural land. The permission given by the DC to purchase agricultural land to my father only.
The above agricultural land is purchased by my father from his own funds without the aid of HUF Funds, after the next day of purchase itself, my father reported to the registering authority that my family is HUF having myself and my 2 other brothers and submitted letter, requesting to the registering authority to add his 2 other brothers name in the land records.
On the request and report by my father, Registering authority have added my 2 uncle name in the land records and presently all the name of 3 (My father and 2 brothers of my father) are reflecting in Land records as the owners of Land.
Now presently, our HUF (consisting of my father and other 2 brothers of my father) is in the process of partition and negotiation process is going on for settlement.
The agricultural land referred above and all persons are living in the state of Karnataka and please note that my grand-father, father and my one uncle has expired.
Further, I would like to inform you that:
I come to know this fact only since from April-2018 when we started to divide the family and live separately.
We are not originally agriculturist before purchase of this agricultural land, but my father purchased this agricultural land by taking prior permission from DC and in DC permission it has been clearly mentioned that the permission has been given only to my father and not to my uncles.
My questions to the Experts are:
1) Whether Agricultural Land purchased by my father will be treated as HUF Property or Self acquired property in the hands of my father.
2) How ownership of land will be determined in the above case, whether it is on the basis of land records or on the basis of sale deed?
3) How my uncles will get the ownership/title when their name is not reflecting in the sale deed.
4) My uncles are non-agriculturist, can we make an addition of name of non-agriculturist to the agricultural land?
5) Can I argue before the authorities, that addition of my uncles name is illegal and unauthorized under the Karnataka Land Reforms Act?
6) Whether the name addition of my 2 uncle to the land records done by the Registering authority on the application of my father is it valid?
7) If partition is to be done, then how much share of land my father will get.
8) Is law of limitation will start form 1983 or from 2018
9) Is there any chance of success, if I challenge the addition of 2 uncles name in the land records, as they are not farmers at the time of adding their name to the land records, and finally
10) I need your best suggestion/advice/legal option to resolve the above dispute?
Thanks in advance
Raj Kumar Makkad
(Expert) 16 March 2020
The role of the registering authority gets ended soon after the registration of the a document. How and under which rule/law your father moved a letter to the registering authority to enter the name of your uncles in the revenue record without inserting in the sale-deed and which is the document which shows the names of your uncles in the revenue record even though their names are not mentioned in the registered sale-deed as buyers? This information is very crucial to reply your questions.
Querist :
Anonymous
(Querist) 17 March 2020
Many Thanks to Raj Kumar Makkad sirji for your reply, My father and other 2 uncles are in HUF and the same has been intimated by my father on the next day of date of sale deed on plain paper in writing dully signed by my father, and my 2 uncles also submitted separately in writing on the plain paper duly signed by them accepting the fact that we are all in HUF, on the basis of the above 2 plain letters, revenue department has added my 2 uncle names in the land records.
Querist :
Anonymous
(Querist) 17 March 2020
Many Thanks to Raj Kumar Makkad sirji for your reply, My father and other 2 uncles are in HUF and the same has been intimated by my father on the next day of date of sale deed on plain paper in writing dully signed by my father, and my 2 uncles also submitted separately in writing on the plain paper duly signed by them accepting the fact that we are all in HUF, on the basis of the above 2 plain letters, revenue department has added my 2 uncle names in the land records.
Rajendra K Goyal
(Expert) 17 March 2020
You asked:
1) Whether Agricultural Land purchased by my father will be treated as HUF Property or Self acquired property in the hands of my father.
Reply:
No opinion without going through full record.
You asked:
2) How ownership of land will be determined in the above case, whether it is on the basis of land records or on the basis of sale deed?
Reply:
Ownership is decided by the registered sale documents.
You asked:
3) How my uncles will get the ownership/title when their name is not reflecting in the sale deed.
Reply:
Through registered family arrangement / settlement.
Rajendra K Goyal
(Expert) 17 March 2020
You asked:
4) My uncles are non-agriculturist, can we make an addition of name of non-agriculturist to the agricultural land?
Reply:
Local law applies, however your father was also non agriculturist, to do the needful permission from distt. Authority can be received as in past.
You asked:
5) Can I argue before the authorities, that addition of my uncles name is illegal and unauthorized under the Karnataka Land Reforms Act?
Reply:
You can, if authority does not hear, file case for declaration.
Rajendra K Goyal
(Expert) 17 March 2020
You asked:
6) Whether the name addition of my 2 uncle to the land records done by the Registering authority on the application of my father is it valid?
Reply:
Seems irregular act on the face.
You asked:
7) If partition is to be done, then how much share of land my father will get.
Reply:
from the given facts it seems your father is sole owner of land.
You asked:
8) Is law of limitation will start form 1983 or from 2018
Reply:
Law of limitation for what?
Rajendra K Goyal
(Expert) 17 March 2020
You asked:
9) Is there any chance of success, if I challenge the addition of 2 uncles name in the land records, as they are not farmers at the time of adding their name to the land records, and finally
Reply:
You should challenge on the sale deed in addition with above ground.
You asked:
10) I need your best suggestion/advice/legal option to resolve the above dispute? Thanks in advance
Reply:
Consult local prudent lawyer, show him full record and discuss in detail in the light of local law.
T. Kalaiselvan, Advocate
(Expert) 17 March 2020
1. The property title documents are in the name of your father alone , your uncles names have not been included in the title documents by any mode at any later stage even though the land revenue records have been amended to facilitate inclusion of their names in the revenue records.
The revenue records are not title documents.
Moreover did your father transfer this property to HUF property by any registered deed, if not then it may not be considered as HUF property hence your uncles' claim for a share in it may not be maintainable.
2. Ownership is always on the basis of the registered document and not on the basis of revenue records.
3. Their claim for joint ownership or title may not be maintainable.
4. It may not be possible to add them as agriculturist if they do not have roots for that.
T. Kalaiselvan, Advocate
(Expert) 17 March 2020
5. Yes, you can. If ther is no relief from the authorities concerned you may approach court for relief.
6. You have mentioned that their names were added in the revenue authorities and now you are informing that the registering authorities have included their names, which one is correct?, because the revenue authorities are different to that of the registration department.
If the registered documents contain their names as joint owners then they can very well claim their legitimate share in the property.
T. Kalaiselvan, Advocate
(Expert) 17 March 2020
7. As a matter of fact since the proeprty registered document is on your father's name, he can be considered as an absolute owner of the property and the claims by your uncles for their shares in the property may not be maintainable.
8. What is the law of limitation doing here?
For what the limitation will apply?
Do you mean to say that they can perfect the title by adverse possession, if so whether they are in joint possession of the property even since their names were included in the land revenue records, if so the limitation will start from the date of the inclusion of their names in the land revenue records.
Raj Kumar Makkad
(Expert) 17 March 2020
After clarification on my question, I serialwise provide my reply as under:
1. Self Acquired.
T. Kalaiselvan, Advocate
(Expert) 17 March 2020
9. You can challenge their claim for share in the property even otherwise i.e., whether they are farmers or not, because the registered title deed clearly indicates that your father as the sole owner of the property, hence you can challenge their claim on that basis itself.
10. You may consult a local advocate with all relevant papers, discuss the subject matter at length and decide further course of legal action on the basis of the suggestions received, if necessary you can even go for a second opinion with a different lawyer too later on.
Raj Kumar Makkad
(Expert) 17 March 2020
2. On the basis of sale-deed but if the simple paper (as per you) is a relinquishment-deed on the part of your father as per local laws then on the basis of that deed otherwise on the basis of registered sale-deed only.
Raj Kumar Makkad
(Expert) 17 March 2020
3. There are no chances for them except as told in reply of question no. 2.
Raj Kumar Makkad
(Expert) 17 March 2020
4. The question of 'can we make' is not pending now. It has been done by your father, now deceased soon after the purchase of the land. The writing of your father to the effect that the property belongs to HUF which include his two brothers cannot be ignored without having its effect. The issue is now a dispute fact which can be solved by a civil court only by taking due evidence.
Raj Kumar Makkad
(Expert) 17 March 2020
5. You have no other option but to argue but your argument is rebuttable and a disputed question of law and facts.
Raj Kumar Makkad
(Expert) 17 March 2020
6. Nothing can be commented without going through the exact contents of the application and the order of the competent authority over the said application and subsequent the exact revenue record wherein the insertion of both of your uncles has been made.
Raj Kumar Makkad
(Expert) 17 March 2020
7. The reply to this question depends upon the verdict of the civil court wherein the disputed question of exclusive property or the co-sharer on the basis of said relinquishment-deed or will or the nature of the record showing the shares of the erring parties is decided.
Raj Kumar Makkad
(Expert) 17 March 2020
8. On which question? It generically starts from the date when the date when the fact under challenge came first time to the knowledge of the plaintiff. Accordingly it shall be from 1983.
Raj Kumar Makkad
(Expert) 18 March 2020
9.Nothing can be commented without going through the said application, order made thereupon and the particular revenue record but you have no other option but to fight for your rights.
Raj Kumar Makkad
(Expert) 18 March 2020
1- Though the advice has already been given, yet it is additionally to suggest that when you decide to appear in the war with half heart, you can never expect victory. Once you have determined to fight for the right, enter in the war zeal and enthusiasm and once you do you do so, ways get open for warriors.
Raj Kumar Makkad
(Expert) 18 March 2020
1- Though the advice has already been given, yet it is additionally to suggest that when you decide to appear in the war with half heart, you can never expect victory. Once you have determined to fight for the right, enter in the war zeal and enthusiasm and once you do you do so, ways get open for warriors.
Raj Kumar Makkad
(Expert) 18 March 2020
1- Though the advice has already been given, yet it is additionally to suggest that when you decide to appear in the war with half heart, you can never expect victory. Once you have determined to fight for the right, enter in the war zeal and enthusiasm and once you do you do so, ways get open for warriors.
Querist :
Anonymous
(Querist) 18 March 2020
I am very grateful and many thanks to Shri T Kalaiselvan, Shri Rajkumar Makkad and Shri Rajendra K Goyal for their detailed and conclusive opinion on my questions, after reviewing all the opinions my doubts are almost all cleared and my understanding are as below:
1) In case of agricultural land we have 2 departments for maintaining land records one is Revenue department and another one is Registering Department (normally we call it in Karnataka as Sub-Registrar Office)
2) That the title of the ownership of the land is determined based on the sale deed and not based on the land records available in the Revenue Department and revenue records will not override the registered sale deed which is done at the Sub-Registrar Office.
3) I think that this property will be treated as self-acquired property of my father due to the fact that in the sale deed my father name is only reflected and my father has not executed any relinquishment deed/settlement deed/gift deed/partition deed/ letter to registering authority in favor of my uncles (I e Sub-Registrar Office) and
4) If this agricultural land is decided by the court as HUF Property, then my father will get 1/3 rd share in the above land.
Many many thanks once again for all Experts.
Rajendra K Goyal
(Expert) 18 March 2020
You are welcome, may revert in case further information required if any.
Raj Kumar Makkad
(Expert) 18 March 2020
If your father has not executed and registered any relinquishment deed then the property shall be treated exclusive of your father, however, the interpretation of his application and order made thereupon is a matter of debate.
Raj Kumar Makkad
(Expert) 18 March 2020
You are always welcome on this same thread in case of any development.
T. Kalaiselvan, Advocate
(Expert) 18 March 2020
You are absolutely right in your understanding the law involved in this and I thank other experts for having taken good efforts to make you understand the law in the simple language and the manner you can understand.
Also you are welcome for the appreciations.
KISHAN DUTT KALASKAR
(Expert) 19 March 2020
Dear Sir,
My answers are as follows:
1) Whether Agricultural Land purchased by my father will be treated as HUF Property or Self acquired property in the hands of my father.
Ans: It depends upon the source of income to purchase such land if exclusively purchase by your father then it cannot be HUF property.
2) How ownership of land will be determined in the above case, whether it is on the basis of land records or on the basis of sale deed?
Ans: The Court will decide whether it is self acquired or HUF property.
3) How my uncles will get the ownership/title when their name is not reflecting in the sale deed.
Ans: It all depends upon income source put into to purchase such property.
4) My uncles are non-agriculturist, can we make an addition of name of non-agriculturist to the agricultural land?
Ans: You may ask the concerned Revenue officer to delete the names of non-agriculturist as they have not obtained permission from the DC.
5) Can I argue before the authorities, that addition of my uncles name is illegal and unauthorized under the Karnataka Land Reforms Act?
Ans: Yes, you can argue.
6) Whether the name addition of my 2 uncle to the land records done by the Registering authority on the application of my father is it valid?
Ans: It always depends upon documents produced before such Authority.
7) If partition is to be done, then how much share of land my father will get.
Ans: On the ratio of income advanced from each brother of your father.
8) Is law of limitation will start form 1983 or from 2018
Ans: Normally partition should be claimed within 12 years from the date of knowledge that it is a HUF property.
9) Is there any chance of success, if I challenge the addition of 2 uncles name in the land records, as they are not farmers at the time of adding their name to the land records, and finally.
Ans: It all depends upon evidence you adduced and your admissions before the Court.
10) I need your best suggestion/advice/legal option to resolve the above dispute?
Ans: Without looking into the documents nobody can give exact suggestion to you and it all depends upon evidence which may be placed before the Revenue Court or Civil Court.
