• Transfer of agricultural land to legal heirs after father's death

Hello,

My father had a agricultural land. My parents are no more and we are four brother. We would like to transfer the land to all brothers name. What is the procedure. The land is situation in Thane Maharashtra. 

Can you one advise me what is the procedure and is there is any legal firm which help me to do the paper work in thane region.

How long the whole process takes to transfer the land to our name
Asked 4 years ago in Property Law
Religion: Muslim

3 answers received in 30 minutes.

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25 Answers

Firstly, you need to know the nature of land as in whether it is the anscestral or self acquired.

Secondly. If it is the anscestral then it will be divided as per law of inheritance.

Thirdly, if it is self acquired then it will be divided as per law of Succession.

Fourthly, in either of the cases, you need to get the legal heirs certificate from the court of civil/ district court.

Fifthly, then file a suit for partition.

It may take from 6 months to 1 year if not contested by any of the legal heir.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

On demise of father apply to revenue authorities ie Talathi for mutation of land in name of legal heirs

2) enclose father , mother death certificate

3)t he register of mutation should provide the below mentioned information to the public.

Serial number of the mutation,

Date of mutation,

Date of receipt of intimation of the mutation,

Nature of the right (Will, Sale, Mortgage, Lease, Exchange, Gift, Development [right] or Inheritance)

The names of the parties to the transaction,

The date of transaction,

The consideration i.e. amount involved,

The area if the transaction relates to a part of a survey number or a sub-division of survey number together with the proportionate assessment agreed upon to be paid,

The serial number of registration, if the transaction is a registered one, and

The Collector’s/Tahasildar’s order number with date.

Khata number to which the mutation relates if it results in the correction Village Form VIII-A;

Date of publication of complete copy of the mutation in a conspicuous place in the Chavdi under section 150(2) of the Maharashtra Land Revenue Code, and,

Date of intimation given to the persons interested under section 150(2) of the Maharashtra Land Revenue Code.

The total survey number or sub-division of survey numbers affected,

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Mutation will be done by Patwari in the name of you. The whole process will be done in the office Patwari. You may contact any local advocate.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

1. On the death of your parents you four brothers are only its lawful co owners of co sharers by law of inheritances.

2. However since all of you have undivided share in the land to demarcate your respective share and to ensure separate possession you can make a mutual deed of partition and register the deed.

3. So there is no transfer which is required but on the basis of partition deed all of you can separately apply for mutation of your respective names.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Sir for agriculture land you have to apply for the mutation of the property in your name you can file make an application before the revenue office for.mutation along with death certificate of mother and father along with valid id proof and passbook of land . The mutation shall take around 45 days.the land shall be transferred in your name in records.further you can divide it by partition deed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can get the property mutated in your names jointly. You need to file the documents of your fathers property along with the death certificate of your father and mother. Further if you want any partition then you can file a partition deed in the courier ncermes sub registrars offfice.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

Hello,

The process will take 6 months.

A mutual partition will have to be done and the name of each legal heir will be made against the share of land so received.

Get in touch with a local lawyer.

Where is the property situated?

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

After the death of father the property automatically transferred to the legal Heirs but all the property will be transferred in the name of legal Heirs without any partition or identification in case you want to partition the property among all the hairs you need to enter into a partition deed between all the legal Heirs and get it approved by Court through a civil petition in the court and after the degree you have to get it mutated from tehsil

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. You will have to apply for letters of administration from Bombay High Court

2. You can be appointed as administrator for the estate left by your father

3. The administrator can then transfer the land to the legal heirs as per their respective share under Muslim Personal law

4. You will have to pay court fees on market value of land. Maximum court fee is 75k

5. Other charges include lawyer professional fee for drafting petition and monitoring matter till letters of administration is obtained, court clerkage and out of pocket expenses

6. Entire procedure will take about 6-8 months to get LA from court

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Hello,

In absence of any will you have to apply for letters of administration in court .

Thanks and regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

This is my response to you:

1. You will need to engage services of a lawyer;

2. You can approach the kaanoon website and search for the same;

3. Nonetheless as per the sharia law which is applicable to you, or if you want to be subject to Indian Succession Act, then also the share will be equally divided between you four brothers with 1/4th share each;

4. It can be presumed that all the papers are present with you?

5. If not then you can retrieve the same from the registrar or collector of thane district;

6. Once you obtain 'True copies' from then you can file for succession certificate in district court;

7. Once you obtain the succession certificate, you can take the same and file for change in owners name before the collector;

8. Once the mutation is complete then you and your brothers become the whole and sole owners of their share of the property;

9. Even if there is dispute, you can apply for partition deed, wherein the court will still grant 1/4th share to each brother.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

you can apply for and obtain letters of administration in name of legal heirs from thane district court as your father died intestate .

dont have any contact details of any service law firm

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Get the property mutated in your names jointly.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

This is my response to you:

1. You can engage services of a local lawyer as well since the task is small-scale;

2. If you want to search for a law firm then you will have to widen your parameter of search online or through somebody you know;

3. It would not be right for a law expert on this platform/forum to suggest name of any specific law firms or endorse law firm/s;

4. If you still insist to know then, you can approach this website: http://rsg-india.com/rankings.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Tell me the place where the property is situated

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

You have to apply for Legal Heir certificate at Local Tehsildaar office. And on the basis of it, have to apply for mutation of property in your name in revenue record.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Sir you can keep the property in joint name and can further partition when required.

further there are good lawyers from Bombay on this website can contact them through consultation option and can book appointment,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) All legal heirs name will appear on the property purchased by your father.

2) You have to make application in the gram panchayat attached death certificate of your father. mentioned all details of the property and within 15 days - 60 days all legal heirs name will inserted on property.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. You being the legal heirs of your late father have already inherited the said agricultural land of your father.

2. All the four brothers are now the joint owners of the said property of your late father.

3. You can register a partition deed dividing and demarcating the said land and then mutate your names for each partitioned land individually.

4. You can engage a local lawyer for getting the partition deed drafted and then registered and also for mutating your names.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. If you do not want partition of the said property of your late father and want it to be jointly held by all the four brothers then what you require to do is mutation of the said property in joint names.

2. For getting the said job done, you do not require a law firm but a local broker or a law clerk who will arrange to mutate your names with the BLRO office.

3. For mutating your names in the land records maintained by the BLRO, you shall have to file an application annexing the death certificate of your father and also with the legal heirs certificate which can be obtained from your local Municipal Corporation through the counselor of your ward. The said counselor might ask for an affidavit from all of you affirming that you four are the only legal heirs of your parent's properties.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Hello,

The Muslim law is applicable in this case and the property has to be divided as per the Muslim law in whixh your mother and sister will also get a share.

The property can be kept joint if you want I but it has to be transferred from your father's name to all the persons who want to jointly hold the property.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

1. Apply for mutation in the office of tehsildar on the basis of the death certificate of your father. Engage a local lawyer for this as lots of technicalities are involved.

2. If handled deftly the process should not take longer than a month.

3. Search this portal for the local lawyer.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. IF Father has dies intestate (without making a will), THEN the residual Legal Heirs can execute a duly Stamp Duty paid Registered "Family Settlement Deed", with strategic clauses, dividing the Land in mutually agreeable Terms.

2. The Copy of the above alongwith other documentary procedures may be given to the Tahsil Office, for proper Transfer on Records & Registers.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

If your father is reported to have died intestate i.e., without writing any Will, then the property shall devolve equally on all his legal heirs, i.e., not only sons but also on the daughters.

Therefor the property shall belong equally to the daughters also if there are any.

If you do not have any sisters then this property shall devolve on all the four brothers.

All of you have to submit an application to the revenue department to transfer the properties on all the four names combined together.

This will make sure that all the four people are the joint owners or cosharers of the properties.

For further formalities you may approach the Tehsildar's office with an application signed by all, you will informed about the time taken and other issues.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

The property was purchase by my father. We would like to keep the property on joint to all brothers. Secondly is there any service law firm which can do all required process in court and Collector office? if yes can you please provide me contact details.

There is no necessity to approach collector or court for this purpose.

You can approach the Revenue department directly and comply with the formalities, which shall be sufficient to solve the issue.

You can contact any local advocate for any assistance.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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