• Agriculture land in father name

My father bought 42 cents of agricultural land 30 years back. The last tax to the property was paid 14 years back. My father expired 13 years back with no will or transfer of property right to my mother or we 3 sons. Also he  got 12 cents of land by partition of his fathers property. So please advise us regarding the steps to be taken if we want to sell the whole property. Will ther be any problem of the tax not been paid for last 14 years. Kindly advise.
Asked 3 years ago in Property Law from Kochi, Kerala
Religion: Christian
1. If all the legal heirs of your father are into a positive agreement to sell the property they should apply for mutation in their favour. Thereafter, the property can be sold as a single unit. All of you will have to sign the sale deed in favour of the buyer.

2. The property tax should be paid, failing which no prospective buyer may agree to purchase it as the liability to pay it would shift to the buyer.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

1) As your father died without leaving a will behind all four of you will have an equal share in the property.
2) If you are looking to sell the entire property approach the municipality with the death certificate of your father and pay the land tax with whatever the penalty is.

3) Once the tax is paid, either four of you can jointly sell the property or NOC can be given in favour of any one of you and the person can sign the sale Deed in that capacity.
S J Mathew
Advocate, Mumbai
2233 Answers
110 Consultations

5.0 on 5.0

1. First of all collect the legal heir certificate from your local Tehsilder,

2. Findout a buyer,

3. Sale him the property you wish to sell whwrein all the legal heirs will sign as vendos or execute and register a POA giving power to one legal heir to sell the property for and on their behalf,

4. talk to the buyer about the arrears of the tax which either he will undertake to pay or will ask you to pay before buying the said property or any part thereof,

5. Penalty may be charged on the arrears of tax upon you for the late payment.
Krishna Kishore Ganguly
Advocate, Kolkata
18164 Answers
439 Consultations

5.0 on 5.0

1) on the basis of death certificate of your father apply for mutation of land in names of your mother and 3 sons before the authorities 

2)an  affidavit will have to be filed mentioning that father died intestate survived by his widow and 3 sons . affidavit should be duly notarised .indemnity bond will have to be issued . notice would be issued 

3) if no objections are received land would be transferred in name of your mother and the 3 sons 

4) you can pay the arrears of property tax

5) sale deed can be executed by your mother and 3 sons in favour of the purchaser 
Ajay Sethi
Advocate, Mumbai
44428 Answers
2582 Consultations

5.0 on 5.0

Without the arrears of property tax being cleared, no buyer will buy the property. First get the mutation done after obtaining legal heirship certificate and then you are free to sell the property.
Shaveta Sanghi
Advocate, Chandigarh
847 Answers
63 Consultations

5.0 on 5.0

If there were no agricultural activities in the land ad no revenue extracted for all these years, there wont be  any need  for worrying  about the unpaid taxes. 
The property will devolve equally on all the legal heirs of your  deceased father, hence all  of you can jointly sell the  property and distribute the sale proceeds  among yourselves as per your mutual agreement.
T Kalaiselvan
Advocate, Vellore
34568 Answers
372 Consultations

5.0 on 5.0

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