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A SRIDHAR   15 April 2022

Rules governing name transfer of revenue records in ap

My father-in-law died intestate and he owns some lands in AP which are ancestral in nature. The family member certificate issued by Tehsildar / MRO reflects deceased person's wife and two daughters name. The family members approached the concerned Tehsildar / MRO for change of revenue records in the joint names of three persons whose name appears in FMC but the Tehsildar is stating that he will transfer the ROR / Patta only in the name of deceased's wife leaving out the two daughters.

Whether Tehsildar is in order in stating that.

Whether the deceased's wife can sell  the property without the knowledge of two daughters if in case such name transfer takes place in ROR. Please clarify. 



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 5 Replies

G.L.N. Prasad (Retired employee.)     16 April 2022

'Mutation" in the name of a co-sharer (Change of name in revenue records in the name of the wife of the deceased) can neither bring the valid title nor she can dispose of any property based on such revenue record.

The property has to be divided into metes and bounds showing each name and extent of such property acquired through a settlement deed, 

Only such a family settlement deed showing each share to all the co-sharers is a bonafide document.

The revenue records confirm possession, and the named is a trustee for her and for all other co-shares.

There is no need for you to agitate as deceased mother is a trusee for and onbehalf of all her daughters.

P. Venu (Advocate)     16 April 2022

True, a mere entry in the revenue records do not create or destroy title.

All the same, the official is wrong in his stand. On the death of the father the property is devolved upon the mother and the children. He cannot refuse the request the property in the name of the joint-holders. You may take up the matter with the superior authorities.

A SRIDHAR   17 April 2022

Thank you sirs for your kind reply but in AP registration officials, for quid pro quo, proceed with Registrations of Sale Deed etc. purely on the strength of Revenue Records and if any advance written objection is tendered they respond stating that they are under no obligation to reckon the objection as long as there is no court order from the competent court.  

 

G.L.N. Prasad (Retired employee.)     17 April 2022

It is not proper to seek guidance on illegal ways if any by registration officials' conduct of registration in AP.  As far as my knowledge goes, registration authorities do not go into the title, link, etc, and whatever is offered, if it is as per their laid down norms, they collect such fee and register it.  Be it Patna Railway station, Taluk office or even Tajmahal even.  But the purchaser can never get a bonafide title out of a fraudulent document and the title of the seller only passes to the purchaser, whether it is good or defective.  Buyers of such property should ultimately suffer if such sale deeds are challenged.

A SRIDHAR   17 April 2022

Thank you sir


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