• Land mutation

We have an agricultural land in Punjab bought by my father in 1983 and upon his death mutated on myself and my brother's name. Now, my brother has expired last month survived by legal heirs as wife and 2 minor kids (7 years & 2 years).

Would like to know:

1. In lieu of my brother now whose name would be mutated??

2. Besides wife, whether kids name is mutated in brothers share of land. If yes, then what is the procedure for selling the land?? Who will sign on behalf of minors?? I have heard that for selling land permission has to be taken from court which is time consuming procedure and sometimes even courts refuse/raise questions complicating the matter. Naturally, we want to avoid this cumbersome procedure to make land sale smooth and my bhabhi is also in agreement on these complications.

Suggest some alternate legal procedure to avoid above situation so that we can mutate in name of bhabhi only!!

3. What are the repercussions in long run if  ---   1 ) kids name is mutated and 2) if kids name is not mutated?

4. Land ownership passed on as follows in case of my brother,    Father - Son - Wife or kids. Is this land classified as ancestral land? What does Hindu United Family say on this and is it applicable??

For any clarifications, please let me know. Else can speak to me at 9717493309.
Asked 3 years ago in Property Law from New Delhi, Delhi
Religion: Sikh
1) since your brother died intestate on his demise his wife and 2 kids are legal heirs 

2) land would be mutated in name of wife and kids

3) court permission is necessary for sale of minor share in property . 

4) if mother sells land without obtaining court permission on minor attaining  adulthood  can challenge sale within period of 3 years 

5) land is not ancestral 
Ajay Sethi
Advocate, Mumbai
46870 Answers
2772 Consultations

5.0 on 5.0

Hi, after the expiry of your brother property will be mutated in the name of your brother wife.
2. If you want sell the property then all the legal heirs are made party in  sale deed and your brother wife represent not only herself and also she also represent guardian of minor sons.
3. The above property is fallen to ancestral property.

4. For selling of the property you need not get permission of the court on behalf of minor.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1. After the demise of your brother the mutation is to be carried out in favour of his widow and children.

2. The sale of land wherein the minors also have a share can be done only after the permission of the court. It does not take long for the courts to decide whether to grant permission or not. There is no other legal recourse to sell the land.

3. If the name of kids is not mutated then mutation can be challenged in the court. The mutation sans the name of kids is illegal.

4. The property is not Hindu Undivided Family (HUF) property.
Ashish Davessar
Advocate, Jaipur
23176 Answers
641 Consultations

5.0 on 5.0

this is ancestral land so his legal heirs have vested interest in the property. so it does not more effective that it is muted in their mother's name only because she is also bind to get court permission for alienation of the property. when property comes from ancestor then it is called ancestral property. 
it shall be muted in the name of all share holders. if property is sold out without their permission, it has no effect if they will never challenge it. if they challenge then you will have an opportunity to show that it was sold for their legal necessities. mother is the guardian of child so she can sell it.  
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

1) Since your brother died without leaving a will behind his wife and two minor are his legal heirs.

2) Land has to be mutated in the name of his wife and two minor children.

3) The mother can sign on behalf of the minor children. However court permission is required for sale of the share of the minor children.

4) If the mother sells the land without obtaining court permission, the minor upon attaining majority can challenge sale of the land and it can affect the title of the purchaser.

5) If mutated in the name of the minors future sale would become easier and the title clear. If mutation does not happen in the name of the children it can impact future sale.

6) The land is not ancestral as it was self acquired by your farther.
S J Mathew
Advocate, Mumbai
2264 Answers
110 Consultations

5.0 on 5.0

1. Your deceased brother's name shall have to be substituted by all his legal heirs name,

2. You can not sell the share of the said minor sons of your brother without taking permission of the Dictrict Judge who will permit the said sale if he is convinced that the said sale will be for the welfare of those children. The said procedure which goes through strict scrutiny has purposely been introduced to ensure that minor's share of the property is not illegally usurped by others, including  his relatives,

3. The said sale will be challenged by the children when they grow up and consequently the buyers will sue you for chrating them,

4. No. This is not ancestral property as defined by law. HUF is not applicable here.
Krishna Kishore Ganguly
Advocate, Kolkata
18806 Answers
454 Consultations

5.0 on 5.0

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