RUPA 09 September 2017

Land title

Hello,all

My father has bought a land in Manglore, Karnataka few year back. He expired without a will. All the papers were clean, for eg, we had sale agreement and also the RTC. Later we approached a local lawyer to transfer the property to my mother's name. He accordingly carries all the legal formalities and finally got the new RTC which carries my mother's name. According to him the job is completed, no more legal work needed.

My question is is getting the RTC in my mother's name the final stage of transfer of property ? Will there not be any other paper work involved, for eg - a new deed which displays my mothers name as owner so that in future that will act a legal document for selling the property. Pls guide me. I hope the lawyer is not cheating me by doing half his job.

Thanks

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4 Replies

Siddharth Srivastava (Advocate) 10 September 2017

What is this RTC? The lawyer never cheats its client and every lawyer made every effort in accordance with his abilities. In such case, your mother can file a necessary petition for succession certificate issued by the competent court. All other legal heirs were required to relinquish their rights in favour of the mother. Sidharth 9811776422

RUPA 10 September 2017

Hi Sidharth Previously, farmers were solely dependent on Village Accountant (Village Level functionary of Revenue Department in Karnataka) to get a copy of the Record of Rights, Tenancy and Crops (RTC). RTC is a document needed for many tasks such as obtaining bank loans, selling properties, creating partition deeds etc. My mother is 67 yrs old and hence not possible tht she again goes through some different lawyer for another procedure. I want to know the correct and full process. Is getting RTC transferred in my mothers name the final stage. What all documents are more needed to be completed? My end objective is in future when my mother wants to sell the property all paper work related to transfer should be present. She shldnt be going through the tedious process again. Thanks

Siddharth Srivastava (Advocate) 10 September 2017

In such case, your mother should obtain succession certificate from court in respect of all movable and immovable properties and on the basis of succession certificate should also obtain RTC. All other legal heirs are required to relinquish their rights in favour of the mother. Sidharth 9811776422

P. Venu (Advocate) 10 September 2017

Entry in the record of rights or other revenue records does not amount to title to the property. As your father had died intestate the property is jointly vested with the mother and the children. The position is unaffected even if change RTC has been carried out.

If it is the case that the property needs to be with the mother, a settlement deed need to be executed with all the legal heirs relinquishing share so that the mother could be sole owner. Subsequently, mutation could also effected in the Revenue Records.