• Mutation of flat

My mother want to do mutation of flat in her name only without giving details of her childrens (2 son+ 3 daughters). 
My father and grandfather also dead...so can she get mutation in her name or not? Iam from city howrah state west bengal
Asked 4 years ago in Property Law
Religion: Muslim

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10 Answers

If the property belongs to your mother then she can mutate the property in her name.

If the property was of her husband and her husband had died intestate then all the legal heirs have share in the property, therefore, until and unless other legal heirs give NOC to your mother, she cannot mutate the whole property in her name.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Sir, for mutation please get in touch with the officials of municipality and have a talk with them. In case you face any problem, please get back to us.

Abhishek Dutt
Advocate, Kolkata
31 Answers
1 Consultation

4.0 on 5.0

details of all legal heirs have to be mentioned in application for mutation

2) notice would be issued to all legal heirs

3) if there is no objection then only would she get mutation in her name

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hi, she can file a civil suit for declaration in court..The court will grant a decree in her favour which she can use for mutation

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

If the property is on fathers name than mother along with all legal heirs have equal rights so at time so mother cannot alone have property mutated in her name till all legal heirs agrees to and give noc to her for mutuation .

When she files for mutuation to authorities the authority sha give notice to all.legal heirs and legal heirs can agree and give noc for her name also can get there name mutated with her.

Also if mothers own property.than she can get.it mutated.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. if your father owned that house then on his death the property would be devolved on his wiidow and children in equal share.

2. So in the property card the name of all of you is to be given.

3. If you wish to make mutation in sole name of your mother then all of you will have to relinquish your respective shares by way of registered gift deed.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Client,

In fathers property , all children including mother have equal share1/6th each.

Unless no release deed by children in mother favor, mutation is illegal.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

No she cannot do the mutation all alone:

1. Who is the owner of the flat?

2. She will need to get NOC from all the legal heirs of the owner of the property, then only she can mutate her name;

3. If she does it illegally, a case can be filed against her in Civil court.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Your mother cannot get the mutation of the entire property on her name alone, she has to apply for mutation on joint names if the property belonged to her husband and he is reported to have died intestate.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Hi,

The same can be done and it may not affect your rights.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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