• Regarding register to my name / sale of property

Me and my nephew jointly have purchased land 20 years ago. 
I have found the records in taluk office that the khatha and pahani is in the name of my nephew .
But land is in the name of both.  I don't know how he got the khatha and pahani. 
He is not agree to partition or to sell the land. 
He and his sons  has given partition details in white paper with all signatures.

Is it possible to register to my name /  sell  the land  and what is the procedure .

Please guide.
Asked 2 years ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) you are co owner of the land 

2) under section 44 of transfer of property act co owner can sell the land without consent of other co owners 

3) file RTI application with taluka office as to how land was mutated only in your nephew name 

4) make an application for rectification of the record entires to record officer 
Ajay Sethi
Advocate, Mumbai
46797 Answers
2769 Consultations

5.0 on 5.0

 Just because he is having his name in khatha or pahani does not mean that he is the owner of the land. 

You have the following options:

a) if your name is mentioned as buyer in the sale deed, then based on the sale deed, you can apply to taluka office for mutation of khatha and pahani in your name. It will not cost you much in terms of time  (provided you take care of officials) and money. Here you will get your names included in khatha and pahani. That way you are keeping the ownership records clean with the government agencies and ensuring no hanky panky stuff by your nephew or his children. In this option there is no physical partition of properties, only your ownership details are updated in government records.

b) Second alternative will be to effect a partition(through court) between you and your nephew . The partition will by metes and bounds. this way both of your properties will be demarcated, marked and physically partitioned and the same will be registered in sub-registrar office and taluka office. . The advantage of second alternative is that not only you end getting your name in government records, you also end up any disputes with your nephew as the properties are now separated, physically demarcated and both of your properties are well defined and mutated in government records accordingly. 

Hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
1324 Answers
168 Consultations

5.0 on 5.0

You can challenge the order of mutation in the civil court which can declare it as illegal. You are also free to file a suit for partition to cull out your separate share in the property which can then be sold. 
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

1. File an application to the local BLRO or Tehshilder seeking addition of your name in all land records,

2. You shall have to enclose the copy of the Title Deed of the said property standing in the joint name of both of you.
Krishna Kishore Ganguly
Advocate, Kolkata
18772 Answers
453 Consultations

5.0 on 5.0

Your statement is confusing. First you said that the Khatha and Pahani are in the name of your nephew. After that you said that Land is in the name of both.  Which is correct.  Before talking about the partition, you have to check up on whose name is the property lying.  

Go to the Tahasil Office (or online Pahani/Bhulekha) and verify that how much land is in your favour and how much land is in favour of your nephew as per the latest pahany/bhulekha.  If you give me the details of Sy.No., village name, Tehsil/Mandal Name, District name, I can found out online.  
Ravinder Pasula
Advocate, Hyderabad
397 Answers
97 Consultations

5.0 on 5.0

If the property was purchase under both the names and the registered sale deed is in both the names, then you can very well seek partition, if he is not agreeing for amicable partition, you can file a partition suit against him and for separate possession of your share in the property.
He cannot object you from filing this suit against him. 
T Kalaiselvan
Advocate, Vellore
36928 Answers
403 Consultations

5.0 on 5.0

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