• E swathu

My wife owns agricultural land.in the village -- with proper survey no. and RTC in her name. I have built a house with my money on this land. I made the mistake of not getting my name included in the RTC.

1. Now she wants to include her daughter's name in the RTC as joint owner. If this is done, then I will have no ownership rights on the house. If my wife expires I will be at daughter's mercy. What should I do ?
2. Can my name be included in E-Swathu since it is still not done, though my name is not in RTC?
Asked 3 years ago in Property Law
Religion: Christian

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7 Answers

If daughter name is included on wife demise her 50 per cent will devolve on you and your daughter 

 

your daughter does  not become absolute  owner of the property 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can only file a suit in the said case to get a declaration. Only court can give you the declaration as you also have your finaances in the same 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. In order to protect your ownership rights on the house, it is important that you get your name included in the RTC of the land. The best way to do this is by entering into an agreement with your wife and daughter, in which they agree to recognize your rights in the house. This agreement should be duly registered before the Sub-Registrar of Assurances.

 

2. your name cannot be included in the E-Swathu since it is already registered in the RTC. However, if you and your wife are able to enter into an agreement and register it with the Sub-Registrar of Assurances, then it would be possible for you to obtain a legal recognition of your rights in the property.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1.  First of all you cannot include your name in the RTC without any basis because the property is on your wife's name.

If you have funded for the construction of the house over the property, then you can file a suit to declare your title to that extent or demand her to return the money whatever you have invested in it. 

 

2. Firstly, in regard to the RTC, no one can add their name without the presence and consent of the main name holders like you and your daughter.

Legally you cannot force your wife to include your name. 

However if she is agreeing to include your name, then you can follow the procedures that are available in the website itself for online inclusion

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear client,  

If your wife adds her daughter's name as a joint owner on the RTC, then it would mean that her daughter would have an equal right over the agricultural land, including the house that you have built. This could potentially cause issues in the future, as you may have to deal with the daughter's claim on the property.
To avoid this situation, you could try to discuss the matter with your wife and explain your concerns. You could request her to keep the RTC in her name alone, or you could work out an agreement where your ownership rights over the house are legally recognized, even if your name is not on the RTC.

You could also consider getting legal advice from a lawyer to understand your options and to draft a legally binding agreement that recognizes your ownership rights over the house.

E-Swathu is a digital record of property details maintained by the Government of Karnataka. Even though your name is not on the RTC, it is possible to add your name to the E-Swathu record, provided you have proof of ownership such as sale deed or any other relevant document.
You could approach the revenue department in your area and request them to add your name to the E-Swathu record. However, it is important to note that adding your name to E-Swathu does not give you ownership rights over the agricultural land or the house. It is only a record of property details maintained by the government.

Therefore, it is important to work out a legally binding agreement with your wife to ensure that your ownership rights over the house are protected, even if your name is not on the RTC or E-Swathu record.

 

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- Since, the property is in name of your wife, then you cannot include your name in the RTC as joint owner. 

- Further, if she include daughters name , then she will become 50% share holder of this property and she cannot claim the entire property after demise of your wife. 

- Further, after the demise of wife, you will have right over 25% share in the property ., and rest will go to daughter. 

- Further, if  you have funded for purchasing and constructed the house , then you can be declared the owner of the property after filing a declaration suit before the court. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

 

1. Your concern is valid. If your wife's daughter is added as a joint owner, then legally, she will also become the owner of the house. However, you can take steps to protect your ownership rights. You can execute a registered gift deed or sale deed with your wife, where she can transfer a portion of ownership in the house to you, thereby making you a co-owner. Alternatively, you can also enter into a written agreement with your wife and her daughter, wherein all parties agree to give up their right to claim any ownership rights in the house, and you can be recognized as the sole owner.


2. Your name can be included in the e-Swathu portal, even if it is not listed in the RTC, provided you have the required legal documents such as the sale or gift deed, which proves your ownership in the property. You can approach the concerned authorities to update the details in the e-Swathu portal.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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