Agricultural land (property)

Question

► Hi there I need guidance regarding a family property issue in Karnataka Bangalore Rural My grandfather, owned agricultural land He passed away without doing any legal partition. He had 11 children (7 sons and 4 daughters). My mother is one of the daughters. Currently, the land has been transferred into the names of my mother’s brothers, and the mutation/RTC does not include the daughters’ names. They are refusing to distribute the property between daughters legally. We have the following documents: - My mother’s 5th standard transfer certificate (showing father’s name) - Nikah Nama (showing father’s name) - Aadhaar (with husband’s name) - Aadhaar of 1–2 sisters Some other siblings are not cooperating and are not willing to provide documents. My queries are: 1. Do we need to apply for a family tree certificate including all heirs even if some members don’t provide documents for proving that my mother is daughter of her father? If yes then how can we get one 2. What is the correct procedure to include daughters’ names in mutation records? 3. Can we challenge the existing mutation done only in sons’ names? 4. Should we first apply for mutation correction or directly file a partition suit? Kindly guide on the best legal approach to secure my mother’s rightful share. Thank you.

Answer 1

Dear Client, Your mother and her sister(s) have a clear and strong entitlement with right to their father’s agricultural lands under the Hindu Succession Act; however, the fact that only the sons had their names entered (mutation) does not take away the legal entitlements or rights of your mother and her sister(s). Below are answers to your questions as you have presented them. (i). Family Tree Certificate and Documents When Some Family Members Are Uncooperative: To establish a Family Tree Certificate: Your Mother does not require any unwilling siblings to establish her identity as the daughter of her father. The 5th Grade School Transfer Certificate showing her father’s name, as well as the Nikah Name document showing her father’s name will suffice as strong proof of her relationship with her father. You can obtain a Family Tree Certificate (Vamshaavali) from the Gram Panchayat (or Revenue Office) of the Village in which your paternal Grandfather resided, which will be issued by the Local Revenue Authority and does not require the signature or consent of the other heirs.

You will need to submit an application to the Tahsildar with all documents available to you and request that a family tree which lists all heirs be issued to you. The Aadhaar cards showing names further shows the identity.

2. Correct procedure to include daughters' names in mutation records: Daughters are entitled to file an application for mutation correction before the Tahsildar/Revenue Department. Submit a petition with the family tree certificate, death certificate of the grandfather, and documents proving the daughter's relationship. The Revenue Inspector will conduct an inquiry, and if he is satisfied, the daughters will be definitely included.

3. Can the existing mutation done only in sons' names be challenged? Yes, absolutely and firmly.The mutation entry itself does not create a right or extinguish a right; it simply records financial information regarding the property. Vineeta Sharma v. Rakesh Sharma (2020) ruled by the Supreme Court that daughters have equal inheritance rights in ancestral property as of birth. An entry of mutation that is made without the consent/knowledge of an individual/daughter is not valid and cannot block their rights to their share by virtue of the entry in the records. The appropriate way to challenge a mutation of property under the Karnataka Land Revenue Act is to file a challenge with the Assistant Commissioner, as mentioned above.

Should you initially apply for correction of the mutation or have your partition suit filed first? The best way to resolve this is to file both at the same time or to file the partition suit first. A partition suit in the Civil Court is the method to obtain the most complete and last solution to this issue. The court will determine both some/all if appropriate shares for all co-owners and will issue its ruling for partition as well as require correction of the revenue records. In addition, the property will be protected from any further transfers/aliens pending the outcome of the partition lawsuit. File the partition suit as soon as possible, and simultaneously pursue the mutation correction at the revenue level. Do not wait for one to complete before starting the other.

I hope this helps, and if you have any further issues, do not hesitate to contact us.

Agricultural land (property)

1 Answer