What is the procedure for acquiring the appropriate documents related to a plot if there is no will made for it?
Question asked by Mr. Thejus from Bangalore, India:
Hi , My name is Thejus and I have a friend who has a 4000 Sq ft land in a popular location in Bangalore. This plot was bought by his father from a rural landlord in the 1960’s. They have got a Mutual registration done after 12 yrs. The seller and the buyer have both expired now and my friend is in possession of the land which is vacant. There are about 6 other plots in the same layout which are vacant as well. My friend wants to sell this Land now and the only documents he has is the original sale deed agreement done in the 1960s and the latest encumbrance certificate which still says his father is the absolute owner of the land. We need to know what is the procedure for acquiring the appropriate documents.
Thanks
Thejus
Veena Answers:
We are of the view that the property of a male devolves upon his first class legal heirs namely spouse and children. In the event the property is still agricultural land, you need to go to the tahsildar and submit an application seeking mutation of khata in your name. Along with the said application, you need to submit a copy of the sale deed, death certificate of your father and no objection from your brothers and sisters if any and also your mother. In the event the property is situate within the limits of the Municipal Authority namely the Bruhat Bangalore Mahanagara Palike, then betterment charges need to be paid and a khata needs to be obtained in the name of your friend. Upon obtaining khata, he also needs to pay up to date taxes. Thereafter, the property can be conveyed to any third party.
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