Question:
My father died in 1999. We are five brothers and five sisters. My father owns five percent of land in the municipal town. After my father’s death, the elder brother registered the land in the name of only the five brothers during the survey. Only the five brothers’ names are in the pamphlet, and the names of my mother and sisters were omitted. The heirs are 11, including my mother. Now my questions are:
- Who wants to give that land to my mother and sisters (correction of paper)? What should I do?
- If we want to sell the land, do we have to register those whose names are in the parcel, or do all heirs have to register?
Answer:
- Correcting the Land Ownership (Including Mother’s and Sisters’ Names):
- After your father’s death, his property is inherited by all legal heirs, including your mother and sisters. The mistake of omitting their names can be corrected through a legal process. Here’s what you can do:
- Step 1: Obtain a Succession Certificate. This certificate will officially recognize the legal heirs of your father, including your mother and sisters.
- Step 2: Once the succession certificate is obtained, file an application with the relevant Land Office (or survey office) to correct the land ownership document. This can be done by providing the legal heir certificate and any other relevant documents that prove ownership, such as the death certificate of your father.
- Step 3: The land office will update the land records to include your mother and sisters as legal heirs, and they will be added to the title deed. You may need to pay a fee for the amendment process.
- After your father’s death, his property is inherited by all legal heirs, including your mother and sisters. The mistake of omitting their names can be corrected through a legal process. Here’s what you can do:
- Selling the Land: Who Needs to Register:
- In the case of selling the land, all legal heirs must consent, and their names must be included in the deed of sale.
- If the ownership record (pamphlet) has only the five brothers’ names, and your mother and sisters are legally entitled to the land, their names should be included in the sale documents as well. Here’s what to consider:
- Step 1: First, correct the ownership records by adding your mother’s and sisters’ names, as described earlier.
- Step 2: After the records are updated, all 11 heirs (your mother, sisters, and brothers) will need to sign the sale agreement if you wish to sell the land. This ensures that all legal heirs are part of the transaction and the sale is legally binding.