Hi, I need your suggestion for the below scenario. My sister is married and my brother in law expired 2 years before and she have 2 minor children's. In my brother in law family they were 3 brothers and they were partitioned their Agricultural property in Karnataka 5 years before. Now my sister transferred my brother in law share to her name through Povthi Khata. My sister and 2 of my brother in laws brothers names the their property extensions are coming in the same RTC. Now She don't have any source of income to take care of her expenses and their children education, So she would like to sell her potion of land to me (We are own sister and brother). But for the registration of the sale deed 11E sketch or separating her portion through Podi is mandatory. My brother in law brothers are trying to create disputes if we apply for either Podi or 11E sketch to make the transaction delay. So I would like to know is there any alternative option like gift deed, release deed can be executed with out 11E which is legally valid, because me and my sister are blood relatives. What other legal option we can take to avoid dispute from my brother in laws family, they are already partitioned their properties. What are the
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'11E' Sketch describes boundaries of an existing survey number within which the part to be conveyed etc., is marked out.
2) the Sketch '11E', which is also known as pre-mutation sketch is required to effect involving part extents of survey number. The said sketch assures availability of land for mutation and enables to up date the land records on confirmation of the transaction.
3) for gift deed also 11 E sketch would be required
If partition has been done then your sister is authorize to sell his portion of the land and direct sale deed is possible,please do it.
If after the death of your brother in law, your sister got his share duly transferred into her name through a Povthi Katha, then it is easy to sell her share in your favour.
After getting her name in her husband share of the property, she can demand for separation and separate E-Katha to be duly registered in her name. On obtaining the E-Katha for her share of the property, she can then transfer, sell or convey the entire property in your favour.
Gift deed can be executed in your favour, but consideration amount cannot be stated. Release Deed cannot be executed in your favour as you are not a joint owner of the property.
Since your sisters share has already been demarcated, the process to get an E-Katha would not be that difficult.
Citation
Smt.Indramma
vs
D.Digambaranat
Firstly your sister cannot sell or transfer or alienate the property without proper partition among the brothers of her deceased husband and her.
Secondly the property involves minor interest, i.e., the two minor children of your sister are also entitled to a legitimate share out of the share of their deceased father's share in the property now jointly held by the siblings.
She may have to seek court permission for selling/transferring/alienating the property involving minor interests.
She can apply for partition and separate possession of her husband's share in the proeprty by filing a partition suit against her brothers in law.
After that the name transfer in RTC etc can be done.
You cannot buy her share in the proeprty by any means because they are not valid until it is executed by a registered sale deed.
Dear Sir,
It has become mandatory for computer entry to have 11E sketch. The other alternative is by way of filing a suit for declaration or suit for specific performance by creating a agreement for sale. Then court will decree the suit in your favor if your sister has no objection after receipt of her sale consideration. The court may issue direction to the sub registrar to register the document then get mutation as per sale deed and/or court decree.
