• Mutation

My family has a property for which my father is the owner. The property was donated by his late sister(my aunt) who do not have heirs. Including myself and my mother, there are seven legal heirs for my father. Now, my father is no more. I am the only male(married) all others are married females, who are all elders. All agree to transfer the property to me except one sister. She is trying to get that property for herself, which is not accepted by others. This appears a complex situation and it continues for four years without a solution. Once I got the heirs certificate. I am thinking to transfer the property on my name and that non-cooperative sister's. So that the we both would become the owners. Is this possible without her acknowledgement ? Is this a reasonable idea ?
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1)your sisters can execute gift deed to transfer their one seventh share in property to you

2) gift deed should be duly stamped and registered

3)mutation can then be done in joint names of yourself and your sister

4) after mutation property can be sold wherein you get the lion share of sale proceeds and your sister her share

5) in the alternative offer to buy out sister one seventh share in property

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

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1)make application for mutation

2) notice would be issued to all your sisters

3) after considering objections if any mutation would be done in the name of legal heirs

4)inform your sister that you are applying for mutation of property in joint names

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. On the death of your father all of his sons and daughters have inherited equal shares.

2.So unless your sisters have decided to gift their shares in your favour their shares remains and it can not be taken away.

3. So you better settle the dispute amicably and resolves your respective shares.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

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1. All the heirs should firstly apply for mutation in the office of tehsildar. Thereafter, any one of the heirs can file a suit for partition to cull out his/her share in the property. The civil court will order the division of property through metes and bounds.

2. If there is consensus among all heirs then division can take place amicably through execution of a partition deed.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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This appears a complex situation and it continues for four years without a solution. Once I got the heirs certificate. I am thinking to transfer the property on my name and that non-cooperative sister's. So that the we both would become the owners. Is this possible without her acknowledgement ? Is this a reasonable idea ?

If this property was transferred to your father by his sister vide a registered gift or settlement deed, then it becomes your father's absolute and own property.

Now upon his intestate death, the property shall devolve equally among all his legal heirs which include you, your siblings and your mother (if living).

If you want the property to be on your name alone then all other legal heirs have to execute a registered release deed relinquishing their rights in your favor, after which you can mutate the properties in yor name and can also transfer all the revenue and other records to your name.

Since one of your sisters is revolting against the collective decision of other legal heirs, you cannot compel her to accept the decision neither you can apply for mutating the revenue records jointly if she objects.

Under the give circumstances, you may get the registered release deed execute in your favor by all those willing legal heirs/shareholders and after that you can file a partition suit seeking division of properties into number of equal shares to the proportion of the number of legal heirs and separate possession of your legitimate shares, which would include the shares of others transferred in your favor vide a release deed.

Partition suit shall be the last option if the amicable talks fail to fetch any fruit. .

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

should I get any signature or authentication from my non-cooperative sister, through out the process? Because, she is completely standing against us. if I wait for some more years, it may increase the complexity... That's why I am trying to complete the process even without her signature. I do not want to cheat her, but will give the seventh share, upon hire.

What you propose to do now would be an offence under criminal law and wold be treated as a fraudulent act or an act of impersonation.

You are making simple things complex.

If she is not cooperating then you can approach court with a partition suit, which would fetch you result within two or three years.

Consult a local advocate and proceed with the advise rendered or decide to make simple situation complex

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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