Your mother can apply for mutation of land in her favour as she is only surviving legal heir of her brother
2) if mutation application is rejected then apply for and obtain letters of administration from district court
Mutation of ancestral property
My mother's brother[MAMA] died on [deleted]. The farmer of his land has taken a signature on empty bond paper and scribed a will after the death of My mother's brother. Then he applied for mutation of the land of my mama in the Tahsildar office. My mother gave a written objection to the tahsildar. The tahsildar has conducted an enquiry under RTS. In the judgment tahsildar mention that he is not competent authority to change the name on the basis of the will. Hence the case was dismissed. My mother's brother has no issues and his wife also died before. Now my mother is the only successor in the family. So she got Varasa certificate from the tahsildar. My question is that, on the basis of above varasa certificate can my mother apply for Mutation with thr tahsildar.
Asked 6 years ago in Property Law
Religion: Hindu
13 Answers
Sirs, My mother had one elder brother and one younger brother. 1. Elder brother was married and he died in the year 2011and his wife died in the year 1992. They have no children[issueless] 2. younger brother was married and his is died in the year 2014. His wife is alive They have no children[issueless] 3. The ancestral property of my grand father[mothers father] was divided among the two brothers in 1976. 4. The younger brother sold his share of property in the year 1984. 5. When my mother approached the revenue authorities for mutation of her elder brothers property the made RTS case stating that the 1/2 share goes to younger brothers wife. But my question is that as per the Hindu succession act my mother is class-II heir and the younger brother is also class-II heir but his is not alive. so the entire property comes to my mother or 1/2 share goes to my mothers younger brothers wife.
Asked 6 years ago
Entire property goes to your mother as she is only surviving sibling of her brother
the deceased brother wife has no share in property
Yes, mother is valid legal heir of deceased. Younger brother wife has no claim. She dose not come under any class of legal heirs.
Mother will only inherit entire land.
please provide any similar judgments in this regard[Answer to followup question]
Asked 6 years ago
Table of legal heirs itself is very clear, Sister is Class II heir in sub category ii whereas brother`s widow in sub category iv.
Inheritance close at SC ii only.
Dear Sir,
Take possession of entire land. Let them go to the Civil Court and you can fight legally. You have won the case before the Tahasildar and the mutation petition filed by such party was dismissed it implies that you are entitled for entire property.
your mother can apply for mutation.
she is only class1 legal heir.
Once your mother submit all the required documents, the assessing officer (or) revenue inspector will check the documents, may visit the property and will process the application. Generally they will issue Mutation Certificate after processing your mother application.
similar judgement is not available.
If that's a ancestral property all her legal heirs will have the share therefore noc from all of them will be required.
Since your mother is the only surviving legal heir/successor in interest to succeed your uncle's estates, she can apply for mutation of revenue records on the basis of the death certificate and the legal heirship certificate to her name.
In the given situation your mother is the only surviving class II legal heir to the deceased brother.
The other brother predeceased this deceased brother hence there is no question of any surviving class II legal heir other than your mother.
Your mother's younger brother's widow is not a class II legal heir to the deceased brother though she is the legal heir of her husband.
Therefore your other is entitled to the entire share of your deceased uncle's share of property.
You can look for the judgments through internet or indiankaanoon.org of lawlive.com also
Dear Client
On varsa certificate obtained from tehsildar your mother can apply for mutation of property on her name.
And As per Hindu succession act the share of your Younger mama will go to his legal heir and if his legal heir is not alive then your mother can claim the share of younger brother too.
Therefore your mother will get 1/2 share from the property of her elder brother.
