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  • Category: Government

    How to get duplicate land certificate and name transfer to spouse after death


    Wondering how to get a duplicate land certificate? Searching for where to go and whom to approach? Find suggestions from experts here.

    My father in laws land has been occupied by relatives and they said they bought it from him, but it is not yet registered on their name. But my father in law ( owner of the land) expired 7 years back. My mother in law don't have original documents and has 2 daughters.
    How to get duplicate documents of that land?
    How to transfer registration on my mother in law's name?
  • #143747
    First of all find out the survey number of the land which was brought and owned by your father in law. Alternatively those who are abetting lands are the best people to contact and seek help. From them you can know the survey number and also get the copy of their document to find the boundaries mentioned there in. If your father in law property were hijacked and got registered in the relatives name, the encumbrance certificate would state that. And if even today the name in the boundaries suggest your father in laws name, you can apply for the copy at the concerned sub registrar and then go for filing complaint against the relatives.
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #143748
    The thread is shifted to AE section.
    Regards,
    Jagdish

  • #143768
    Just search all the places where your father in law would have kept the documents safe. Make sure that he has not pledged it to any bank or to some individuals for some purpose. One that is ensured you may do the following steps.

    1. Dig into old papers in your custody or those which your father-in-law was keeping. Find tax paid receipt of any past year preferably a recent one.
    2. With that tax paid receipt go to the village office. Ascertain how much tax arrears is there. Pay that and get the latest tax paid receipt.
    3. Verify the tax paid receipt and compare the sale dd number in your old receipt and new receipt. If there is any difference you can sense some issue.
    4. With those details go to the registrar's office(SRO) and apply for a NIL encumbrance certificate on the land.
    5. Ask for a certified copy of the related sale deed.
    6.That document will tell you the details.
    7.If everything is okay, you can think of changing the land in mother-in-law's name.
    8. If all the legal heirs join and give a relinquishing deed n favour of your mother-in-law, that itself will become the deed for change of ownership. Register that deed and then get the ownership changed in village records.

    All these steps are possible only if the land is still in the name of your father-in-law.
    Also please note that there is nothing like 'duplicate documents. Either it is original document or any number of certified documents. Creating further transactions without original documents is always risky unless we are amply sure that the original is lost for ever and is not in pledge or in some litigation.

    In case the land is not in the name of your father-in-law, you will know it when you ask for paying taxes. Then you may have to get the deed number,but the officials may not give the details to you. You have to convince them somehow and get the details. Then get a certified copy of the deed from SRO. Consult a lawyer to know how these happened. If there is any kind of cheating involved, then you may have to go for criminal case.

    If the relatives have some documents and they have not registered the land in their name , then I presume that it may be something related to giving security for money borrowed. So they may be having the original documents and some documents giving the land as security. I that case they may claim the land or money from you to return the land. The truth will come when you approach things legally.

  • #143790
    This is a difficult situation as you do not have sufficient details with you.
    The only hope is Registrar office from where you can find out the name of owner of the land as on today. If it is still in your father in laws name then your mother in law can go for legal course otherwise it will open up a long legal battle and we do not know what are the documents with the other party and for what consideration they got it from your father in law.

    If your father in law had written a will and given to some executor the things would have been easier.

    Anyway if the property is still in your father in laws name then you have to go to Registrar office/SRO to find out the status of the property as regards to tax. If your relatives are depositing the tax you can find out in whose name the tax receipts are being issued. That will confirm the present ownership. Once it is confirmed the procedure for changing ownership can be initiated.

    Please remember that wife and all children are equal contenders for fathers property so the consent and signed agreement from the daughters will be required before any procedure to be started.

    If the property has been already transferred to other name then it will be difficult to dig out the documents from the registrars office as they will not give the confidential documents of the third party to you.

    In that case some expert lawyer in the area of revenue and land matters will be required to handle the matter.

    Knowledge is power.

  • #143794
    Thank you very much K MOHAN, JAGADEESH, UMESH, VENKATESWARAN sir for your valuable suggestions. I do start procedure.


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