We have a property which is ancestral. However as per the land records, my great grandfather’s name is registered in the document(RTC). My great grandfather had 2 sons. Elder son died without heir, younger son had 2 sons, elder son died without heirs and younger son my father. Post the demise of my father and my father’s elder brother, I applied alongwith relevant death certificates for mutation of RTC in my mother’s name. The same was duly executed by the relevant authorities. Now some of my distant relatives/cousins who belong to my Great Grand Father’s brothers family, feel that this is a property which should have been entrusted to a trust to perform all the religious functions attributed to the family at large.
First Generation - Great Grand Father – Narayan (name recorded in RTC – 1890 AD)
Second Generation - Children – 1) Krishna – no heirs and 2) Vasudev
Grandfather 2 – Vasudev – 2 sons – 1) Narayan-no heirs and 2) Krishna
Third Generation -Father – Krishna
Fourth Generation - myself
The name of my great grandfather and my father’s elder brother being same, I am not sure of the actual person on RTC. If I assume that the RTC carries my great grandfather’s name or my father’s elder brother’s name, does my action carry any legal repercussions. Also note my father’s elder brother does not have any heirs.
Please let me know your views on my action above.
Asked in Property Law from Mangalore, Karnataka
as on date mutation in your mother name has been duly carried out in revenue records . none of your distant relatives have challenged the mutation . if you apprehend any problems obtain succession certificate in your mother name
Thanks Ajay. Kindly guide on how to obtain succession certificate and what are the documents required for the same.
Asked 3 years ago
your mothers name has been mutated in the RTC as per section 133 of the Karnataka Land Revenue Act, any entry in the RTC shall be presumed to be true untill the contrary is proved or a new entry is lawfully subsisted therefore.
succession certificate is only for movable property . for immovable property you need to apply for letters of administration .
you will need death certificate of the owner of property . valuation of property is to be carried out . based on said details you have to pay court fees .contact a local lawyer .
1. This property is ancestral and cannot be given to a trust unless all the heirs consent to it. You as a heir have an equal share in it which you can cull out by filing a case for property division if you do not agree to the proposition advanced by other members in the family to create a trust for the management of this property.
2. You need to apply to the court for letters of administration by carrying out the valuation of this property and paying the court fees. Consult a local lawyer.