- No need to approach High Court. You can complaint to deputy Collector against Tahasildar.
- If you have letter of administration from Court, issue him notice for contempt of Court order and after that file a case against Tahasildar for contempt. He will do the needful on after receiving contempt notice.
Tahsildar refuses to enter my name on 7/12 inspite of having Letter of Administration on my name
Tahsildar refuses to enter my name on 7/12 inspite of having Letter of Administration on my name. Can I get a court order for the same on the basis of letter of administration? What is the time frame and cost (lawyer cost and court fees) to secure such order from high court? Or is there some other way out in this case?
Asked 3 years ago in Property Law
Religion: Hindu
11 Answers
Enclose consent affidavit of other legal heirs for mutation of property your name
2) they can execute registered relinquishment deed for their share in property
3) tehsildar will carry out mutation of property in your name
4) no need to obtain court orders
Make a representation in writing to the tahsildar to mutate your name in 7/12 based on the LA
If no reply then you can file the writ petition
Not possible to give a fee quote without knowing the actual background of the matter.
How can you expect a lawyer to tell you time frame for getting a court order? What if a lawyer tells you 1 week and the order does not come within that period?
Plz book a paid phone consultation so that the matter can be better understood and to enable to give a fee quotation for the intended assignment. This shall NOT be construed as any solicitation
File a complaint and appeal and take legal steps in court if required.
Dear Sir,
If you need any further assistance.You can approach me through Kaanoon or LinkedIn.
We have already submitted the below given documents to the tahsildar 1. Notarized letter of administration, 2. NOC from other heirs, 3. My Affidavit, 4. Notarized death certificate of my late mother who was the owner of the property, 5. ID proof, concerned tahsildar forms and application for the same In spite of submitting the above documents, tahsildar chose to hide behind technicalities and gave a written refusal to enter my name in 7/12 document citing Maharashtra zameen mahsul niyam 1966, law number 149 where the word 'Letter of Administration' is not mentioned in any of the given 13 criterias. He seems to be well versed in delaying matters in court for years together with the tareekh pe tareekh procedure. To avoid all this, can I get a court order directing the Tahsildar to enter my name in 7/12 on the basis of Letter of Administration and what would be the procedure for the same?
Asked 3 years ago
If other legal heirs execute registered relinquishment deed then tehsildar will do mutation of property in your name
Let me check s. 149
Also a writ petition may not directly lie
You will have to approach the officer who is superior to the tahsildar under the maharashtra land revenue code
Dear Client,
As per the facts which have been provided, you have to enclosed certified copy of sale deed with this application. If it is agricultural land then you have to give proof that you being agriculturist purchased this agricultural land /i.e.-your previous 7/12 of other agricultural property.
Hope this clarifies your query and requirement.
Thank you.
No right as executor or legatee can be established in any Court of Justice unless a Court of competent jurisdiction in India has granted probate of the will under which the right is claimed, or has granted letters of administration with the will or with a copy of an authenticated copy of the will annexed.
So if you have obtained an order in this regard from court then the revenue department has to entertain your application for transfer of 7/12 entries accordingly.
The time take for disposal of this case, lawyer fee and the court fee can be had from the lawyer you may choose for this purpose.
if a will does not nominate an executor, the beneficiaries of the deceased will have to file an application for Letter of Administration. This Letter of Administration would grant the same administrative rights to the beneficiaries that an executor would have enjoyed. However, If a person dies intestate, then an applicant seeking administrative rights pertaining to the deceased estate files for Letter of Administration.
Hence, when a person dies intestate/ or doesn't nominate an executor under the will, it is then, the Letter of Administration acts as a facilitating document. Letter of Administration is granted to the beneficiaries after they apply to a Court of law having competent jurisdiction. Letter of Administration entitles the administrator to all rights belonging to the intestate as effectually as if the administration had been granted at the moment after his death.
Probate, Letter of Administration and Succession Certificate are legal documents through which rights pertaining to the estate of the deceased are granted. Probate and Letter of Administration are the primary documents through which administrative rights pertaining to the estate of the deceased are validated.
Therefore it is essential that you obtain a letter of administration from a court competent in order to get the property revenue records transferred to the names of the legal heirs as mentioned in the letter of administration.
The notarised letter of administration is not valid in law, hence it is unreliable, therefore the Tehsildar may not entertain your request in this regard on the basis of the notarised letter of administration.
.
I need to see all the documents first then I can help you in better ways.
Appeal if there is a remedy otherwise approach court of law