Selling Inherited Land as Legal Heirs: A Comprehensive Guide
Introduction
When it comes to selling inherited land, a common issue among legal heirs is the cooperative selling process. This article will provide a comprehensive guide on how to sell inherited land when multiple heirs are involved, with a particular focus on the scenario where two out of five heirs are not cooperating or are unresponsive. We will explore the necessary legal procedures, including filing applications at the Revenue Court, the mutation process, and the independent and joint selling options.
Understanding the Basic Framework
When dealing with inherited land, it is crucial to understand the legal framework governing the sale process as joint legal heirs. Typically, after the passing of a common ancestor or a deceased individual, the rightful heirs will receive a share or inherit the land based on their legal rights. In this context, the term 'legal heirs' refers to the individuals who are entitled to inherit the land based on the inheritance laws and their relationship with the deceased individual.
Filing an Application at the Revenue Court
The first and essential step in the process of selling inherited land is to file an application at the Revenue Court. This application is aimed at dividing the land and marking each portion according to the legal rights and shares of each heir. The Revenue Court serves as a judicial authority that oversees the division and sale of inherited assets. Upon receiving the application, the court will initiate the division and allocation process.
The Process of Mutation
Once the court has divided and marked the land, the next critical step is the mutation process. Mutation is the official record-keeping update of the new ownership details in the land records. It is a legal requirement to update the ownership details in the land records to reflect the division and allocation of the land according to the legal rights of each heir.
Placement of Land by Individual Heirs
After the mutation process is complete, each legal heir who is willing and able to sell their share of the land can proceed to sell it independently. This means that if three out of the five heirs decide to sell their shares, they can do so individually. The sale deed for this independent sale will need to be drafted and registered accordingly.
Joint Selling Option
For heirs who wish to sell the land as a collective, the process becomes slightly more complex. If the three heirs who wish to sell their shares are in agreement, they can choose to sell the land as one parcel (PC) of land. However, they must obtain the consent of the remaining two non-cooperative or unresponsive heirs to proceed with the sale as a collective. This collective sale will also require the preparation of a single sale deed that covers the entire parcel of land.
Ensuring the Sale Deed is Properly Drafted
Regardless of whether the land is to be sold individually or jointly, it is crucial to ensure that the sale deed is properly drafted and registered. The sale deed should clearly outline the terms of the sale, including the selling price, the date of the sale, and the names of the buyers. It is advisable to consult a legal expert to ensure that the sale deed complies with all relevant laws and regulations.
Conclusion
Selling inherited land as multiple legal heirs involves various legal procedures and considerations. The cooperative selling process can be challenging when some heirs are unresponsive or non-cooperative. However, by following the steps outlined in this guide, including filing an application at the Revenue Court, undergoing the mutation process, and ensuring that the sale deed is properly drafted and registered, the sale of inherited land can be successfully completed.
Remember, accurate and appropriate legal advice is key to navigating the complexities of selling inherited land. Seeking the guidance of a legal professional can provide valuable insights and ensure that the entire process is handled smoothly and legally compliant.