Legal Question in Real Estate Law in India
My husband demised during 2004 and his property dealings are mentioned below.
1) The revenue land in survey Numb 61/2 to an extent of 5acre 20guntas has been transferred from mother�s name to all six other brothers� name during 1993-94
2) Out of which, land to an extent of 28 1/4guntas has been sold to Sri Mounachar S/o channappaviraachar vide S.R.O.No:2288/96-97 by all brothers including himself. Also he himself has purchased 31 3/4guntas of land vide S.R.O.No:2289/96-97 duly signed by all stating they are leaving independently but money is required for sister�s marriage.
3) After one year, they separated vide partition deed No: 1157/97-98 and the remaing 4acres of land in survey No:61/2 has been divided among the brothers. In which he received 1acre 19guntas and parted as 61/2p4 for which RTC also received.
4) Subsequently, he has sold the land to an extent of 30 3/4 guntas (purchased as mentioned in Sl No:2) vide S.R.O.No.2568/97-98 to sri Niranjanmurthy S/o Mounachar. In this sale deed, the S.R.O.No:2289/96-97 is mentioned.
5) Some part of the land received as per Sl No:3 (61/2p4) has been sold various other parties and 5guntas has been donated to me. After his demise, land remained in his favour was 26.04guntas in 61/2p4.
So remained 26.04guntas land in 61/2p4 in his name and 5guntas in my name has been got transferred in the name of sri Niranjanmurthy S/o Mounachar during 2011 instead of actual land mentioned in Sl No:4.
For this the order reference of Asst Commissioner, revenue department is mentioned. In which, it is stated that as per E.C. and thahashildar report, the order is placed. In that order there is no mention about 61/2p4. Survey No. mentioned in it is 61/2. But while preparing the Mutation, it is mentioned that 61/2 land is retained as it is but the land under 61/2p4 has been changed in favour of Sri Niranjanmurthy S/o Mounachar cancelling the land laying in my and my husband�s name. Accordingly, RTC is also prepared.
It is not understood, how it is possible? Land sold belongs to 61/2 bought before partition. But land for which ownership changed belongs to 61/2p4 received after partition.
I feel, the ECs collected mentioning the land details of 61/2p4 but survey No. as 61/2. As both the land is in my husband name has been utilized.
I am requesting Tahshildar and Sub register to rectify the mistake and to restore their rights. Please enlighten me any other precaution I have to consider.
2 Answer from Attorneys
Too long query. Consult your lawyer with all details.