(Querist) 29 January 2021
This query is : Resolved
Hi, I am from Kerala. The land we have is in our fathers name . Even after father's death(almost 11 years) we didn't transfer the property to my mother's name. I also have sister who is a minor. I need to change the property to my mother's name to take an education loan. What is the procedure for it? How long it will take?
Advocate Bhartesh goyal
(Expert) 29 January 2021
After death of your father ,the property rights devolved to your mother,yourself and your sister equally.you and your sister have to relinquish your share and rights in favour of your mother by registered relinquish deed so your mother may become absolute owner of property.
You have to get legal heirship certificate from the court. You, your siblings and your mother are the legal heirs of your father. After getting legal heirship you and your siblings have to execute relinquishment deed in favour of your mother.
(Expert) 29 January 2021
After your father's death, the property devolved among your mother, yourself, and your sister have equal rights. So if the bank agrees to sanction a loan, the agreement of loan may be signed by your mother, yourself, and your mother on behalf of your minor sister can apply for an educational loan. Otherwise, you and your sister may relinquish your rights in your mother's favour.
(Expert) 30 January 2021
A person who wants to initiate a change in the name of a deceases person and replace it with the name of the legal heirs (wife, son & daughter here) has two options: he can approach either the Tahsildar with an application (who in turn record it in a register in Form V and forward it to the Village Officer within 15 days) under Rule 4, or the Village Officer, under Rule 3(C) who in turn proceed with the matter.
This process is called mutation in English and Pokku-varavu in Malayalam. It is legally called “transfer of revenue registry”. The rules governing it in Kerala are called “Transfer of Registry Rules, 1966”.
The sequence of procedures in both cases is almost the same.
As per the rules, when an owner of a land dies it “shall be the duty of the Village Officer” to report the fact in Form A to the Tahsildar with names of the legal heirs as ascertained, after the Village Officer making the entries in this regard in a Register in Form VIA (under rule 7(2)).
The Tahsildar then publishes 15 days notices in offices of Tahsildar, Village and Village Panchayat to invite objections within 15 days. The Tahsildar can then determine the legal heirs based on the Village Officer’s report as well as the objections, if any and issue orders to transfer the names to the legal heirs.
The Village Officer when he gets back the papers makes entries in another register called transfer of registry in Form VIB, and will close the entry in Form VIA already made.
In contested cases, detailed enquires need to be conducted and some other detailed procedures are to be followed. Otherwise it is a routine transfer without any hassles.
If the legal heirs of the deceased are more than one (here three), then the names of all the transferees will be registered and the property will be a joint property of all of them.
This transfer or the land or the reports do not make out the legal right of the legal heirs but it is just a transfer for tax collection.
If anybody has any objection in regard to the legal rights of the legal heirs, it can only be decided by a Civil Court alone, the Rule 16 says.
The legal heirship Certificate is not needed for changing the names. It is a certificate for some limited proposes only. It does not in finality determine the legality of the legal heirs. The question of legal heirs can only be decided by a civil court when there is objection.
A digital copy of the Transfer of Registry Rules is available at https://ildm.kerala.gov.in/wp-content/uploads/2016/08/Transfer-Of-Registry-Rules-1966.pdf
(Expert) 30 January 2021
The query is based on wrong presumptions - that mother would inherit the late father's property and secondly, education loan requires guarantee/surety to be provided.
As the learned experts have already pointed out, the property is jointly vested with all the legal heirs viz, the mother and children; mutation could be carried out in the revenue records in accordance with the procedure delineated under the Transfer of Registry Rules. However a better option is to execute a partition deed and subsequent mutation.
Education loans are sanctioned against the future earning capacity of the student and loans up to Rs.4 Lakhs requires no guarantee or surety to be provided.
Dr J C Vashista
(Expert) 31 January 2021
Very well analysed, opined and advised by experts, I concur and appreciate. All of you (3 LRs) of deceased have equal right in the intestate property of deceased. Minor's share in the property can not be transferred to any one without permission of District Judge.
Rajendra K Goyal
(Expert) 01 February 2021
Well advised, agree with the advice from expert Advocate Bhartesh goyal.