• Sharing of paternal lands

The owner of land is my father and these land lands are paternal. I have one brother. And I have shared my paternal lands between me my father and my brother . A panchnama is made between us on white paper . Pls tell me panchnama is valid for mutation or Not?
Asked 8 years ago in Property Law
Religion: Hindu

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14 Answers

1. For mutation purpose it is O.k.

2. To avoid future complication get registered partition deed

3. You may file a suit for partition and they other two may agree for decreeing.

Kishan Dutt Kalaskar
Advocate, Bangalore
6250 Answers
502 Consultations

it is not ok, my earlier suggestion may be followed.. better consult any local lawyer or visit a revenue officer.

Kishan Dutt Kalaskar
Advocate, Bangalore
6250 Answers
502 Consultations

You have no share in property during your father lifetime

2) deed of family settlement can be entered into between your father , you abd your brother for division of land

3) deed should be duly stamped and registered

4) Panchamana is not sufficient for mutation of land in your favour

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Panchanama is not sufficient for mutation of property in your name

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Panchnama may be enough for mutual understanding but it does not have any legal efficacy.

To make it legally binding upon all of you the best option is to make and register a deed of mutual partition on which basis you can apply for Mutation of respective shares as well.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

Respected sir....

In the case of GHASITU RAM v. STATE OF HARYANA & ORS.| It is clearly stated that a panchnama will ordinarily be treated as sufficient to constitute taking of possession of the land ...And punchnama is valid for mutation ...

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

This will have to be duly executed, registered and stamped; so that you may use it for the purpose of mutation.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

Get it registered, than i becomes valid.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Panchanam is not sufficient for mutation of the land in your favor.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Deed of family settlement is to be entered upon by the family members and has to be then registered.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The panchnama is not a valid document, you should get the property partitioned by a partitioned deed and the deed should be a registered document.

The registered partition deed document shall be the title document and on that basis you can go for mutation and other transfers in respect of this property to your name.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Sir i have made panchnama between us . In evidence three person from village and my two uncle and my brother and my father . Now I want to registered this for mutation . And panchnama is made on white paper no stamp is attested . Is this ok for mutation

This will not be sufficient for mutation.

A registered partition deed shall be a valid document for any such activity.

To avoid stamp duty, dont fall prey for future troubles especially if this is not rectified at this stage, your heirs may find problem at the time inheriting the property and getting it transferred to their names.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

If you are dividing the land then do it through a partition deed which has to be mandatorily registered. Thereafter, you can apply for mutation.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Not OK for mutation

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

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