• Transfer of title of agricultural land through inheritence

Dear Sir,
My father had inherited agricultural land in Chamarajanagar. He died without making will leaving behind myself(male), 2 sisters and Mother. As my both sisters were married and well settled, they did not want any share in the said land. Hence, I took affidavit (i.e.NOC) from my sisters and mother in a Rs.20 stamp paper and notarized. I submitted affidavit (i.e.NOC) along with death certificate and Surviving Family members' certificate to tahsildar office to get RTC in my name. I got the RTC in my name.

I was searching in the internet regarding transfer of title and got confused with lot of information. Hence, I request you to please clarify my confusions.
1. Whether change of name in RTC is equal to transfer of 100% title/ownership?
2. If yes, how to establish the absolute title/ownership as the original affidavit (i.e. NOC) was submitted to the Tahsildar office. 
3. If no, how to get the absolute title in my favour. My sisters & Mother are ready to execute any deed in my favour.
4. I have a photocopy of NOC, is it enough to prove the absolute title?
5. Is it valid if I take a fresh NOC from my sisters & mother at this stage (i.e.after getting RTC in my name)?
6. How the NOC (by way of affitavit/notary) are different from release deed/relinquishment deed/gift deed?
7. Which one among NOC/release deed/relinquishment deed/gift deed are better as far as legal title is concerned? 
8. In a subregistrar office a clerk told me that "for execution of release deed/ relinquishment deed/gift deed, the name of the legal heir, who is releasing/ relinguishing/ gifting the property, should be there in the property document, otherwise it can not be done!!! without a name in the property document how they can release!!!" - Is this correct?
9. Though the RTC is in my name only, can I still take a release deed/relinquishment deed/gift deed in my favour? 
10. Whether release deed/relinquishment deed/gift deed can be executed at any place in Karnataka for the agricultural land situated in Chamarajanagar?
11. Also kindly provide me any information, which has bearing on my absolute ownership other than the above questions.

Please clarify,
Looking forward for your reply,
Girish
Asked 12 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1. Whether change of name in RTC is equal to transfer of 100% title/ownership?
No, it cannot confer title to the property, they are just revenue records which are not admissible as evidence.



2. If yes, how to establish the absolute title/ownership as the original affidavit (i.e. NOC) was submitted to the Tahsildar office. 
By submitting NOC to the Tahsildar office, you cannot get the title to the property, it has to be properly registered by obtaining a registered release deed by other co-sharers relinquishing their rights in the property in your favor.


3. If no, how to get the absolute title in my favour. My sisters & Mother are ready to execute any deed in my favour.
Refer answer to Q-2




4. I have a photocopy of NOC, is it enough to prove the absolute title?
Even the original NOC will not prove your title




5. Is it valid if I take a fresh NOC from my sisters & mother at this stage (i.e.after getting RTC in my name)?
You have to get a registered release deed from your mother and sisters in your favor after which you can register the entire property in your name.



6. How the NOC (by way of affitavit/notary) are different from release deed/relinquishment deed/gift deed?
NOC is just a no objection letter without having any value as it has not suffered any stamp duty, whereas the release deed is a registered document relinquishing their rights in the property.



7. Which one among NOC/release deed/relinquishment deed/gift deed are better as far as legal title is concerned? 
In this case a registered release deed will be a valid document to transfer the property in your name.



8. In a subregistrar office a clerk told me that "for execution of release deed/ relinquishment deed/gift deed, the name of the legal heir, who is releasing/ relinguishing/ gifting the property, should be there in the property document, otherwise it can not be done!!! without a name in the property document how they can release!!!" - Is this correct?
The staff of the registrar's office is misguiding you, there is no such rule, ask him to quote the relevant rules in this regard.



9. Though the RTC is in my name only, can I still take a release deed/relinquishment deed/gift deed in my favour?
Yes, even now you require their shares of property to be properly transferred in your name vide a registered document.



 
10. Whether release deed/relinquishment deed/gift deed can be executed at any place in Karnataka for the agricultural land situated in Chamarajanagar?
No, the deed is to be executed and registered within the jurisdiction of the property situate. 



11. Also kindly provide me any information, which has bearing on my absolute ownership other than the above questions.
You have to get a registered release deed duly execute by the co-sharers by relinquishing their rights in the property in your favor after which you can get the entire property registered in your name and can make a registered title document in your name.
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
1) change of name in RTC is only for revenue records for payment of property taxes . it does not create absolute title in property 

2) your sisters and mother should execute relinquishment deed or gift deed in your favour .

3) mere NOC is not sufficient 

4) fresh NOC wont serve the purpose 

5) gift deed or relinquishment deed is ideal . 

6) release deed should be executed where land is situated 

7) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
In your case affidavit is not sufficient for changing the title in favour of you.  Execute a relinquishment deed by sisters and mother in favor of you ten you become absolute owner of the property. After getting clear absolute marketable title you can change the name in RCR also.Relationship certificate has role when we apply loans by mortgaging the property. So take a relationship certificate from village office is good for future .
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
1. Only a registered deed of gift or relinquishment can make you absolute owner . Mere RTC ot NOC will not do.
2.Same as above.
3. same as above.
4. No, not at all.
5. No, not at all.
6. Only a registered deed on payment of stamp duty can effect transnfer of immovable property.
7. Any f the two I have mentioned above will do.
8. He is not correct.
9.Yes
10. Better do it at the place where the property is situated.
11. Query not clear to me
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1.  No. Title of an immovable property is changed by registering a deed of conveyance only by paying the stamp duty and registration fees and in no other way,

2. You can not establish ownership with the NOC,

3. Get a deed of conveyance executed and registered in your favour to claim title of the said property,

4. No. Even the original NOC can not change the title of the property,

5. No.It is of no use,

6. NOC is not a Deed where as relinquishment/gift deed etc are deeds which are to be registered by paying stamp duty and registration fees,

7. Relinquishment or gift deed will be appropriate in your case,

8. Other legal heirs are relinquishing their rights in favour of one legal heir. It is not possible that the property will be in their names when the title holder died intestate. So, the clerk  has not given you the correct information,

9. RTC is not related here. You are required to get the deed of conveyance executed by other legal heirs and get it registered in your favour,

10. The said deed shall have to be registered at the Registration office having jurisdiction on the area where the property is situated,

11. Engage a local lawyer having expertise in this field to draft the relinquishment/gift deed and get the same registered before the Registrar
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
As your father had inherited the agricultural property the RTC was registered in his name till the time of his death, thereafter you and your sisters and mother have succeeded to the property as your father had not left behind a WILL.
It is therefore imperative that you along with your mother and sisters execute a registered Partition Deed amongst yourself in respect of this agricultural property, once this is done, get the mutation or RTC also transferred into your name on the basis of this partition deed. This will give your a perfect title which cannot be questioned by anyone in case you wish to sell this land in future.
The registration of the partition deed must be done where the property is situated i.e., only in chamarajanagar, and cannot be done anywhere in Karnataka.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
52 Consultations
5.0 on 5.0
1) deed of relinquishment will be your title document 

2) no further document needs to be executed 
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
No need to submit release deed to Revenue authorities 
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
Respected sirs, Thanks for all your replies. I just have two more rejoinders after understanding your replies. 
12. The release deed executed in the sub registrar office will be my title/ownership document and none other document to be executed further. Is my conclusion correct?
Once the co-sharers have executed the registered release deed in your favor yo can get the entire property registered on your name, this become a proper title deed on your name, you dont need any other document to confirm the same.


13. As RTC is already in my name, should I again submit the release deed to revenue authorities? What correction they will make in RTC?
Not necessary, since the revenue records have already been transferred on your name there  is no necessity to transfer the same once again. 
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
1) First you have to make release deed in your favour from your sister and mother then you have to approach the sub registrar get it registered in your name after registry your document will be perfect your can register in revenue department and your can become absolute owner of the property 

No objection Certificate is not enough the ownership of the property

contact a your near by local lawyer 
Mir Mansoor Ali
Advocate, Hyderabad
57 Answers
4 Consultations
Not rated
12. Yes, the Registered Conveyance Deed is conclusive evidence of your ownership of the said property and you do not want any further document to prove your said ownership, 

13.  Since RTC is already in your name, you need not apply for it any further.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1.The RTC is already in your name. So, there is no need for any correction therein,

2. You do not have to submit copy of the registered conveyance deed to the Revenue Authorities to complicate the matter.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0

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