Dear Sir, I am 40 years male from Hyderabad, only child of my parents, my father had made a gift deed of the complete 100% property on my name when I was 20 years old, both my parents expired few years back, presently i dont stay at the property, now I want to take mutation of the property. My uncle is my neighbour, before my father made the gift deed the house boundaries were constructed, my father had left 20% of the land for my uncle to use. The 20% land is still vacant and being used only for gardening and parking by my uncle. Question: 1) What steps should I take before starting mutation process so that there is no problem in mutation. 2) Do the mutation officers take physical measurements of the property. 3) How to proceed with mutation process. 4) Can my uncle stop smooth mutation process. 5) Should I first resolve the 20% land issue. Regards, Sameer
1) apply for mutation of property in your name
2) enclose copy of gift deed
3) copy of death certificate of your parents
4) latest receipt of payment of property taxes
5) if no objections are received mutation would be done in your name
6) resolve 20 per cent land issue with your uncle before applying for mutation
You can directly mutate the property given to you by gift deed. The borders mentioned in gift deed will be the borders taken into consideration during mutation.
Dear Client,
Mutation will performed on the basis of GIFT DEED only on complete area and 20% excluded in GIFT Deed than that will vest in you by intestate succession.
No physical verification.
If the 20% area is not given by some registered deed, no actual transfer of ownership ans can be recovered.
1. You can file an application of the mutation before the revenue/ muncipal authority as per the jurisdiction along with the copy of gift deed to mutate the land in your name,
2. No the mutation officer does not take the physical measurement of the property.
3. You can file an application take help of local advocate.
4. No since the title is clear he wont have any say in that.
5. Regarding that 20 percent if that is still in name of your father you can mutate same in your name and then can take possession of same if no instrument/document made in favour of uncle
1. The mutation has nothing to do with the area your uncle is using on permission basis. So proceed to mutate the property in your name.
2. No, if your deed is clear on area of the property then generally municipal staffs do not physically verify the area.
3. Produce the gift deed . that is all along with few other compliance. Meet the Municipality officials.
4. Your uncle not being the owner of the property can not stop the mutation proceeding.
Later if he refuses to handover the 20% of land then file a suit for recovery of possession.
my present boundaries are excluding the 20% used by my uncle, as 20% is presently in uncles boundary, what i know is secretly my uncle might have taken some signatures on stamp papers from my father saying he got it as a gift, but what i know is the registered papers are on my name under my possession, i dont want to open 20% issue with my uncle before I take mutation as i am afraid he might try to derail the complete mutation process and try to negotiate with me to sell the complete property to him at very cheap price, i want to do the mutation process without prior negotiating 20% issue with him, is it possible?
Without registered deed, ownership do not transfer, so taking some signatures on blank paper has no repercussion.
Next, no physical measurement happens so, property will be mutated on the basis of documents.
hello
mutation only means that the name of the property shall be changed and in place of your father, your name shall be written in the revenue records. it has no concern with the actual possession. it may happen that you do mutation although the property is held by somebody else. therefore get the mutation done, and then start the boundary wall and the portion your uncle is using should be in the boundary wall. if e protests show him the mutation that has been done.
regards
Dear Sir.
The mutation of the property will not affect your right and further what ever measurement shown in the Gift Deed same measurement has to be shown in the Mutation of the property also.
Apply for mutation
2) notice would be issued
3) if uncle objects to mutation authorities would direct you to approach civil court for necessary reliefs
Hi,
You are suggested to approach the registrar's office for mutation process.
Yo can start the mutation process by following prescribed rules and application in the concerned dept in your jurisdiction. you can resolve the 20% issue if your uncle objects to your mutation. Else the same can be resolved later as your uncle already has gift deed for the same.
Yes it is possible further in mutation there is no physical verification if the property documents are in your name same can be mutated in your name without any issue.
1. For mutation of property in your name , you may have submit an application in writing to the revenue department.
2. The revenue department may direct the surveyor to measure the property with the help of village revenue officer, mark the boundaries and submit his report.
3. You may visit the revenue department office in person and submit an application requesting mutation, you will be let known the details and further formalities in this regard.
4. He may, if his land is affected, let him give his objection in writing, the Tehsildar will call both of you for clarifications and then pass an order suitably, if you are aggrieved by that order you may approach civil court for releif and remedy.
5. You can decide this issue based on the prevailing circumstances.
When you apply for mutation, the surveyors will measure the entire area as per the registered title document and may mark the boundary stones accordingly as per the registered property document.
Whether this problem will arise or not will be known when the surveyors include that 20% landed property also if it is a part of the property document.
You may face problem anyway if your uncle is agitating over the issue.
1. Is the said gift deed registered? If yes then apply for its mutation.
2.Ordinarily no body visits for mutating the name. The title deed is verified.
3.Engage a local broker or law clerk for arranging the said mutation against fees.
4. He can resist your taking possession of the said vacant land but he will have no scope for interfering in to the mutation process.
5.No. First get your name mutated in the records.
1. As advised in my earlier post, you should first mutate your name.
2. No title of a property or part thereof can be transferred without registering the title deed which your uncle can not produce.
3. So, you stay as the bonafide title holder of the entire property including the said 20% land.
4. After mutating your name, file a title suit against your uncle claiming the said property which he has illegally taken possession of in your absence.