• Inquiry regarding changing nomination status for farm registration

Dear Sir,
I hope this message finds you well. I am writing to seek your professional guidance and advice regarding a matter pertaining to the registration of a farm. The farm in question is in Karnataka village & currently registered under our mother, and we are listed as nominees.
However, at the time of my nomination, I was a minor, and now that I have reached the age of majority, I would like to update my nomination status accordingly. I kindly request your assistance in explaining the procedure involved in changing the nomination status on the farm registration to reflect my updated status as a major.
Specifically, I would greatly appreciate it if you could provide me with the following information:
1. The necessary steps and documentation required to initiate the process of changing my nomination status from minor to major.
2. Any legal implications or considerations that I should be aware of during this procedure.
3. The approximate timeline for completing the nomination status change.
I understand that legal matters can be complex, and I trust in your expertise to guide me through this procedure.
Thank you in advance for your attention to this matter. I eagerly await your response and appreciate your valuable assistance.
Sincerely,
Sahil Begale
Asked 11 months ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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11 Answers

As the farm is registered in your mother's name, the question of succession will arise ONLY after her lifetime and NOT earlier. If you mother so desires, she may either give it to you during her lifetime or leave a Will in your favour, which will take effect after her lifetime. Nomination makes no legal sense.

Swaminathan Neelakantan
Advocate, Coimbatore
2796 Answers
20 Consultations

4.9 on 5.0

Being a nominee does not provide any benefit. Nomination does not give any title transfer or joint ownership. 

There is no need of any up gradation. Once you attained majority, minor status itself become vacuum.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

Nominee is only trustee for legal heirs 

 

2) on mother demise property would devolve on her legal heirs as per provisions of Hindu succession act 

 

3) even if you are nominee other legal heirs would have equal share in property 

 

4) nomination was made when you were minor 

 

5) there is no procedure for change in nominee status 

 

 

 

Ajay Sethi
Advocate, Mumbai
94711 Answers
7530 Consultations

5.0 on 5.0

nominee required during the sale - No. Nominee has not share. Your mother is sufficient. 
How your mother got the property ? Self purchased or inherited ?

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

Presence of nominee is not required for sale of land 

 

2) not necessary to update your minority status 

Ajay Sethi
Advocate, Mumbai
94711 Answers
7530 Consultations

5.0 on 5.0

It is not understood that under what provision of law she had made you as nominee in the registered sale deed. 

Probably you have mistaken some other term as nominee. 

Nominee has got no role to play in the title document, especially it was a farm land purchased by a registered deed. 

If my understanding is correct,  your mother might have purchased the property on your name and appointed herself as guardian since you were minor at the time of purchase. 

If that is so, then upon becoming major by age the guardianship becomes redundant or infructuous automatically. 

You can attach the copy of the identity document denoting your date of birth and proceed. 

You don't have to take any step to change your status now. 

T Kalaiselvan
Advocate, Vellore
84912 Answers
2194 Consultations

5.0 on 5.0

If you are nominee then your presence is not necessary for the title holder to sell the property. 

If you are the title holder you have to attach the copy of certificate denoting your birth to prove that you have become major by age and sell the property independently 

T Kalaiselvan
Advocate, Vellore
84912 Answers
2194 Consultations

5.0 on 5.0

There is no need to 'update' your minority status. It is enough to produce your ID and address proofs at the time of registration of sale. Forget the issue of 'nominee'.

Swaminathan Neelakantan
Advocate, Coimbatore
2796 Answers
20 Consultations

4.9 on 5.0

You can update the nomination by just filing the form and applicable charges if any 

procedure will be specifically told to you when you visit the said office of competent authority 

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Dear Sahil Begale,

I understand that you are seeking guidance regarding the process of changing your nomination status from a minor to a major on the registration of a farm in Karnataka. I will provide you with some general information that may be helpful. 

 

Changing Nomination Status: To change your nomination status from a minor to a major, you may need to follow these general steps:

 

a. Obtain a copy of the existing farm registration document, which includes the details of the current nomination. b. Prepare a written application addressed to the appropriate authority, such as the concerned revenue officer or the Sub-Registrar of the area where the farm is located. In the application, you should request a change in the nomination status and provide your updated details as a major. c. Submit the application along with supporting documents, such as proof of your age (e.g., birth certificate, passport, or other age-proof documents). d. Pay any applicable fees or stamp duty as required by the authorities. e. Follow any additional procedures or requirements specified by the relevant authorities.

 

It is crucial to consult with a lawyer to ensure that the specific requirements and procedures of Karnataka are followed correctly. They will guide you through the necessary documentation and assist you in preparing and submitting the application accurately.

 

Legal Implications and Considerations: While updating your nomination status, it is important to consider any legal implications or considerations that may arise during the procedure. For example, there might be requirements related to consent or documentation from the current owner (your mother) for updating the nomination status. Additionally, it's essential to review any relevant laws or regulations in Karnataka that may impact the nomination process. A lawyer will provide guidance on these legal implications and ensure compliance with the applicable laws.

 

Timeline: The approximate timeline for completing the nomination status change can vary based on various factors, including the workload of the authorities and the specific procedures involved. It is advisable to consult with a lawyer who can provide you with a more accurate estimate based on their experience and knowledge of the local processes.

 

Regarding the second part of your question about selling a farm in Karnataka, it is generally advisable to consult with a lawyer who specializes in property law to understand the specific procedures and legal requirements involved in selling a farm in Karnataka. They will guide you through the necessary steps, including any requirements related to the presence of a nominee during the sale process.

 

 

Anik Miu
Advocate, Bangalore
8869 Answers
110 Consultations

4.7 on 5.0

- Since , the property is in name of your mother , then none having right to sell that property 

- Further, there is no provision in the transfer of property Act for the nominee in the registered deed , specially if the property is an agriculture land. 

- You should check the document in the name of your mother , as there is chances that this property was registered in your name under the guardianship of mother due to you being a minor that time. 

- You can apply for mutation in your name . 

Mohammed Shahzad
Advocate, Delhi
13214 Answers
198 Consultations

5.0 on 5.0

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