it would be regarded as HUF property
2) name addition is valid
3)after 37 years if you challenge name addition of uncles you would not succeed
4) your father would have one third share in property
Addition of name of non-farmers to the Agricultural Land in Land records
My grand-father is not a farmer and he doesn’t hold any type of immovable property. My father is a government school teacher and not a farmer but purchased agricultural land in the year 1983 after taking prior permission from the DC to purchase the agricultural land. The permission given by the DC to purchase agricultural land to my father only. The above agricultural land is purchased by my father from his own funds without the aid of HUF Funds, after the next day of purchase itself, my father reported to the registering authority that my family is HUF having myself and my 2 other brothers and submitted letter, requesting to the registering authority to add his 2 other brothers name in the land records. On the request and report by my father, Registering authority have added my 2 uncle name in the land records and presently all the name of 3 (My father and 2 brothers of my father) are reflecting in Land records as the owners of Land. Now presently, our HUF (consisting of my father and other 2 brothers of my father) is in the process of partition and negotiation process is going on for settlement. The agricultural land referred above and all persons are living in the state of Karnataka and please note that my grand-father, father and my one uncle has expired. My questions to the Experts are: 1) Whether Agricultural Land purchased by my father will be treated as HUF Property or Self acquired property in the hands of my father. 2) Whether the name addition of my 2 uncle to the land records done by the Registering authority on the application of my father is it valid? Because my 2 uncles are not farmers (they are having textile business) and doesn’t have power to hold agricultural land as enumerated in the Karnataka Land Reforms Act. 3) If partition is to be done, then how much share of land my father will get. 4) Is there any chance of success, if I challenge the addition of 2 uncles name in the land records, as they are not farmers at the time of adding their name to the land records, and finally 5) I need your best suggestion/advice/legal option to resolve the above dispute? Thanks in advance
Asked 6 years ago in Property Law
Religion: Hindu
12 Answers
Is it self acquired property but later converted to HUF by father. Mutation dose not give ownership. Entry in revenue record has no effect. Land was remained own by your father.
Who are members of HUF ? All will get equal share. You may also a member of HUF, your mother if alive and any other siblings .
If it is not HUF than uncles have no share.
1. Once the property has been converted and added into the HUF the property shall belong to the HUF.
2. Since the property is coming under HUF and they are all the members coming under the same HUF, in my opinion, there should not be any legal infirmity in it.
3. It is based on the number members of the HUF. You are also entitled to an equal share out of your father's share in that property.
4. In my opinion, no such case is maintainable.
5. What is the dispute, you discuss the problem instead of posting only doubts without posting your problem
If it is purchased before huf then certainly no till you consider it as huf in some agreement.
You can challenge it. But need to show that you had knowledge now other wise limitation will hit you.
Any male member (co-parcener) of Hindu family can convert his self-acquired property into Hindu undivided family.
Once names added it cannot be removed after 35 years.
your father entitled to an equal share in it. You may file a case for property division in the court and cull out your equal share in the property if your uncle is not honoring your rights.
1. Land was purchased by Father via a Registered Sale Deed and Father's name appears in Sale Deed as Buyer party, which is what is called as "Title-Owner" .OR. "Conveyance" of property in name of Father.
2. Uncle's name is not in Sale Deed. Hence legally they CANNOT be classified as "Title-Owner" and neither there is Conveyance of Property in name of Uncles.
3. Mere addition of names in the Land Records, at request of Father, will not make Uncle's the Title-Owner, in anyway whatsoever....
4. IF said Land was acquired with due permission of DC, THEN the permission is given only to Father and not to Uncles and hence adding any name of Uncle's in the Revenue documents is "Illegal & Unauthorized" and Uncle's CANNOT claim "Title-Ownership" of property, simple because they do not have Sale Deed /Conveyance in their names.
5. CONCLUSION: By virtue of above, a Legal Partition Deed, shall remain null & void and infructuous, more so since Father is the 100% Title-Owner of land, by virtue of the Sale Deed.
1. It will be considered as HUF property because your father have added name of his brothers in records.
2. Yes it is valid
3. 1/3 share of land will come in share of all brothers.
4. Yes you can challenge it on ground of fraud by your uncles.
I would like to add some more explanation on the above questions: I come to know this fact only since from April-2018 when we started to divide the family and live separately. We are not originally agriculturist before purchase of this agricultural land, but my father purchased this agricultural land by taking prior permission from DC and in DC permission it has been clearly mentioned that the permission has been given only to my father and not to my uncles. My questions: 1) How ownership of land will be determined in the above case, whether it is on the basis of land records or on the basis of sale deed? 2) How my uncles will get the ownership/title when their name is not reflecting in the sale deed. 3) Is law of limitation will start form 1983 or from 2018. 4) My uncles are non-agriculturist, can we make an addition of name of non-agriculturist to the agricultural land?, if yes then it will defeat the main purpose of Karnataka Land Reforms Act. 5) Can I argue before the authorities, that addition of my uncles name is illegal and unauthorized under the Karnataka Land Reforms Act. Thanks for all your reply.
Asked 6 years ago
1) sale deed confers title to property
2) mutation in land records is only for payment of property taxes and des not confer title to property
3) uncle names have been added at the request of your father in land records by DC . Hence addition of names of non agriculturist would be valid
4) your argument that name addition is illegal would not hold ground after lapse of 36 years
on the basis of sale deed.
once uncles names added in HUF you cannot sell property without their consent.
it's start from 1983.
no such case is maintainable.
1. The title to the property is always decided on the basis of registered title document and not on the basis of revenue records.
2. The title to the property shall be decided based on the names appearing in the registered document.
3. The limitation shall be computed from the date of document or from the date of knowledge of the same.
4. You are right.
5. You can very well object to this on the basis of documentary evidences in your possession.
Sale deed.
Uncles have no share.
After father demise.
No
Yes, addition of uncles name is void.
1. On basis of sale deed
2 they will not but they can claim by filing frivolous suit.
3 from 2018 as per your knowledge
4 yes
5. Yes it's illegal and on that point he can't file even suit as it's barred by law