Ancester property partition
Ancester Property has been divided 15 years back among two male heirs equally (1 & 2) after mutual agreement and two female heirs ( 3 & 4) consent with signature on agreement with witness. Legal heir 1 has expired & two sons ( 5 & 6) of legal heir 1 claim that property is not divided correctly, need more share and not ready to get the property registered as per earlier agreement. what should be further action? Legal heir 2 is much worried for not having ownership of property? Please advise
Asked 4 years ago in Property Law from Bangalore, Karnataka
No sir it is not registered.
What does mutation mean could be please explain a bit. Since the Legal heir 2 is not educated may not understand proceeding steps. Does it need to approach court?
Asked 4 years ago
document ought to have been stamped and registered . other wise in admissible in evidence . in case there is dispute between legal heirs then you have to file partition suit for division of property
mutation means means transfer or change of title in the records of the local municipal body for the concerned property.
tell me if partition between 1 & 2 was oral or reduced into writing before the village panchayath (Panchayati Palupatti), and after the partition was the property divided in terms of the said partition, and after the same was the name of the respective parties mutated in the revenue records (R.T.C) in the name of 1 & 2, if so then if either party has an objection they can approach the civil court, at District for further relief/s
partition took place in presence of reputation people called as panchayathi & agreement was executed. Agreement is not either registered or docs mutated in the name of 1 & 2.
If Heir 2 insist can the mutation can be done as per agreement without presence of heir 1? Is it correct as per law?
If at the re-partition has to happen, will female heirs will also have right to claim for property? And property will be divided in 4 parts (1 2 sons & 3 4 ). what could be further steps if this is option? What could be duration to conclude this issue by court?
Asked 4 years ago
no time frame can be given for court proceedings . judicial process takes time . for mutation notice will have to be given inviting objections if any to proposed mutations . . female heirs have also share in property .
If the sons of legal heir 1 believe that their share has been emasculated due to an improper division of the property then the partition deed by which the property was divided 15 years back needs to be challenged by them in a court of law. Once the partition deed is struck down by the court their lawful share will be upheld.
Mutation means the change of name of owner in the revenue records.
Mutation does not preclude the rights of any heir to move the court and challenge the partition deed if the partition has been done in an improper manner thereby emasculating his/her share. No time frame can be predicted as judicial process has to travel through the procedure laid down in the law. Female shares have no share in the property.