• Mutation related

My grandmother bought a shop in 1978 and from a person named manohar Lal now after my grandmother's death According to her will the shop was transferred to my uncle and my dad in 2002 in 2010 my uncle sold his share to my dad and now he is the sole owner of the shop as per the registered documents .we have hold on the property and we pay all the taxes bill and in the municiple council it is by the name of my father but mutation is not bieng done since the first transfer and now the person manohar Lal died 20 years ago and we even don't know about anyone else in there family is there a way to get the mutation done
Asked 6 years ago in Property Law
Religion: Hindu

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9 Answers

Hello,

The property was sold to your grandma via a registered sale deed in her name. That sale deed along with the will and the various bills you have deposited for the last 40 years are conclusive proof that you were in possession and also are the owner of the shop.

Regards

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You need to get in touch with legal heirs of deceased seller fir carrying out mutation of property

2) engage a detective agency and gather details of Manohar Lal family

Ajay Sethi
Advocate, Mumbai
94713 Answers
7530 Consultations

5.0 on 5.0

You may financially support this lady, so that she can smoothly cooperate in the formalities which are required to give effect to this mutation.

Even if she refuses to cooperate, then also this mutation is possible; but in the said case you'll have to seek intervention of the High Court.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

1.If mutation is not done in the name of your grandmother too then firstly mutation of sale has to be done in her favour and then mutation of inheritance has to be done in favour of her two sons and finally in favour of your father.

2. To get the property mutated in favour of your grandmother you do not require the signature of the heirs of seller.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Entry in revenue records does not confer title to property

2) it is only fir payment of property taxes

3) since your grandmother purchased shop by registered sale deed she would be absolute owner of property

4) your father purchased uncle share by registered sale deed and he has clear and marketable title to the property

5) for mutation of land you need original seller legal heirs consent

Ajay Sethi
Advocate, Mumbai
94713 Answers
7530 Consultations

5.0 on 5.0

Through what document, grandmother brought the property ?

On the basis of that document + WILL + sale deed by uncle, get it mutated.

Title in the property proves by documents through which property acquired.

Mutation dose not confer title.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

Dear Client,

Go to Patwari and show him registry documents for the purpose of mutation. If he does not take any step then file a case in the court for the sole purpose.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

The previous buyer is not necessary to be present while submitting application for mutation of revenue records on the name of buyer especially if the buyer produces original title documents and other complies with the further necessary formalities in this regard.

Ask your father to first submit an application seeking mutation of the records to his name, then think about the legal action if the local civic authority fails to accede to your request.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

The wife of the deceased is staying in Bangalore and she is having one son and 3 daughters and she is not financially stable it may be possible that she may refuse to provide the affidavit moreover we need to get the mutation done to sell the property as it's now made mandatory what else can we do if the deceased family refuses to cooperate with us is there any other alternative method

Did you first of all try to procure the same through concerned authorities, if not do it immediately

If you are instructed to obtain signature from the legal heirs of the erstwhile owner then you adopt legal steps.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

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