Daughter has equal rights in land standing in deceased mother name on her demise 

in a nutshell both son and daughter have equal share in said land 

Daughter has equal right in the land with the son, ie 50-50

Marriage of daughter will not take away her above right

Its a self acquired property of father and so will devolve on his legal heirs under the Hindu Succession Act

Daughter is a class 1 legal heir of both father and mother 

For anything specific you can either post specific queries or opt for a phone consultation with any lawyer of your choice on the platform

A lawyer may not know what exactly you are seeking through the limited information given through query

A son cannot mutate his name in property records as the authority will ask him to produce NOC of other legal heirs of deceased 

If you fear that the son will get his name mutated without informing his sister, then issue a public notice in local newspapers informing the public that daughter has a legal share in the property and no one should deal with it without her consent

You can also issue legal notice to son to refrain from mutating his sole name

Last resort will be to file a partition suit

The property in your mother's name and she died intestate, the property will devolve upon her legal heirs i.e, son's and daughters succeeded equally to her property.

1. On death of Y her son and daughetr have equal rights in the proeprty.

2. in other words the property would be devolved upon her son on half share while the other half share will go to her daughter .

3. So both her son and daughter have equal share in the property and any of them can file a suit for partition to seek his/her share in the proeprty.

sister would have equal share in property . 

Even if son seeks to deprive his sister of her share she can move court for necessary reliefs 

1. The daughter has equal right on the property of her mother who died intestate alongwith all her legal heirs.

2. In fact the daughter is entitled to her share of the said priperty of her father who died intestate, along with other legal heirs which include her mother also.

1. Mutation of property in some one's name does not confirm his/her title on the said property but registered deed of conveyancve does.

2. Your brother can very well challenge the said mutation before the Court.

3. In facrt he can file a partition suit claiming his share on his deceased father's property.

1.  In this case Agri Land is given by Govt., for self-sustainenace and does not have Free-Hold or Title-Ownership rights.  Hence no claim for Title-Ownership can be made by the daughter, for any share of the land. However the Wife & son can claim cultivation rights and inclusion of their names in the revenue records, without any reference to the daughter.

Keep Smiling .... Hemant Agarwal

Daughter has equal right as per intestat rules under hindu succession act and claim her rights by filing a partition suit if the brother fails to give her the share.

See even if the mutation of the land was done without consent and that mutation is challanged then also by view from intestat demise of father also daughter will get same equal share, legally the property should have been mutated in three names mother daughter and son and on her death her share to son and daughter. SO from that also they get half of the property and now also same thing is there. so he cannot create any legal hurdles as such.

Further mutation is not proof of ownership.

after demise of father, ideally the mutation entry ought to have been made in joint names of his legal heirs i.e. widow and children

once an entry is made in revenue record, it is considered to have come in public domain and within the knowledge of public

so son was having deemed knowledge of his mother's name being mutated without his consent

therefore son was required to challenge the above entry within 3 years of mother's name being mutated

if that was not done then any challenge made by him now will be hit by law of limitation, i.e. if challenge is made beyond 3 years of entry being made

even otherwise the mother has passed away and her name is now required to be deleted

so if the son challenges and applies to the authority for deletion of his mother's name, it will be all the more good for the daughter

if the son applies to have his sole name entered then the authority will obviously ask him to submit the NOC of other legal heirs of father/mother

if he does not submit this NOC, his name will not be entered

the daughter can address a letter to the revenue authority stating that she is one of the legal heirs of mother/father and no transfer should be made in revenue records without her express consent and knowledge

this will safeguard the daughter's rights

Basically this land belongs to X and upon his intestate death the same devolved equally on all his legal heirs and not only on his wife.

His legal heirs are his wife and children.

Therefore the daughter as a legal heir and successor in interest to succeed her deceased father's intestate father is entitled to her legitimate share in the proeprty.Now the remaining son and the daughter shall divide the proeprty equally between them or on an mutually agreed partition between them.

I did not say son is trying to mutate the property in his name. My question was whether the son can legally challenge mutation already done by revenue authorities in his mother's name without his consent, or create any other legal hurdle because it is assigned land etc,, just to prevent his sister claiming her share?

Please be aware that the mutation records are not the title documents.
Hence the property after proper partition between him and his sister, can be mutated to his name in respect of his share in the property is concerned.