1) mutation does not confer title to property 

2) it is only for payment of property taxes 

3) daughter can file partition suit to claim her equal share in property as she has not executed any gift deed or relinquishment deed to transfer or relinquish her share in property 

4)  mother can bequeath by will only her share in property 

5 in case mother executes gift deed in favour of son file suit to set aside gift deed 

6) daughter can take search in sub registrar office and obtain copy of documents of title to property 

1) First , you have to check on which papers daughters has signed for transfer of name fkr tax purpose, because after you father deceased the property gets transfer of all legal heirs name. Then they can transfer to anyvone member they wish by the way of relinquish deed.

2) You need to check all mutation papers that you can get it from revenue department easily under RTI act.

1. Daughter can file for partition suit since she has not relinquished her right over the property she has just given NOC for the khata trnasfer which can be disputed that mother along brother in mourning period taken sign fraudulently.

2. Registration of relinquishment deed is required.

See obtain records from the revenue/ municipal office by filing for certified copies further file partition suit against all claiming share and take interim stay on the sale of the property.

1) only khata is transferred not property transferred. 

2.) Legally Registration of  Release deed or Relinquishment deed  required for transfer process. 

3) she is not a absolute owner to make will for entire property,  she can make a will of her share only in said property. 

4) without consent of all legal heirs she can not sell or transfer .

5) sure, file a patition suit  and claim equal share in said property. 

6)you can obtain certified copies from SRO. 

Dear Sir/Madam,

My answers are as follows:

1. Daughter has joined in khatha transfer process in her mother name by signing immediately after her father death during mourning period. What are all its implications and consequences.

Ans: In normal Courts such Katha change will happen but it cannot indicate absolute ownership of mother/wife in respect of such property. It being a self acquired property of the deceased as such all the legal heirs that is wife and children are entitled for equal share.

2. Going by mother's confidence in refusing daughter oral claim, it appears mother must have taken some more signature on some papers related to property from innocent daughter by cheating. Please clarify, Whether one can give/transfer his share to other person without personally visiting Sub register office.

Ans: It is better to take certified copy of the deeds if any found in Sub-Registrar office in respect of above property. Normally without the presence of party the Sub-Registrar do not allow any registration or witness to sign any document.

3. Whether mother can make make a will in her son name that too a registered one without daughter knowledge.

Ans: Since mother is not the absolute owner as such she cannot execute Will even if executed it is invalid.

4. Whether mother can transfer property in son name or sell it without daughter knowledge.

Ans: It can be but the daughter must file suit for partition and get a stay order on transfer of the property and get enter such Court orders in the encumbrance certificate which prevents Sub-Registrar to transfer the property till partition suit is disposed.

5. Mother is using delaying tactics to frustrate her daughter. Whether daughter can claim her share now itself?

Ans: The only option for the daughter is to file partition failing which daughter as to face multiplicity of litigation.

6. How to get property document papers/paper copies for her records.

Ans: Approach through Brokers to the BBMP office and Sub-Registrar office and get certified copies in respect of above property to know the present status of the property.

If the mother's Property is her self acquired property she can do all of the above without daughters consent.

Dear Madam,

No doubt, you have every right to claim your share in your father’s property. File a partition suit  in Civil Court and get your share.

The following information may kindly be read.

According to the Hindu Succession Act, 1956, a son or a daughter has the first right as the Class I heirs over the self-acquired property of his or her father if he dies intestate (without leaving a will). As a coparcener, an individual also has the legal right to acquire his or her share in an ancestral property.

The basic principle of Hindu law is -

If it is your self acquired property, you can do as you please with it. You can give it away to a stranger on the road or a charitable trust. Doesn't matter.

If it is your ancestral property, then your children take a share the moment they are born.

When you die without making a will (intestate), your property becomes ancestral for your children.

So, to answer your question, if it is your father's self acquired property, you cannot ask a share against his will. If he has dies intestate it becomes ancestral property and you will have an equal share with your brother and mother.

Succession for a Hindu male dying intestate is thus -

Children, wife and mother take the first equal share. So, if A dies intestate, his wife, daughter, son and mother, all will take 1/4th equal share in his property.

There are many many other complex rules but I am not going there for the purpose of this answer. After the amendment to Hindu law, daughters take an equal share in the property.

Lastly, if it is your father's self acquired property, you cannot ask for a share against his will, but if he has refused to support you, you can claim maintenance from him. Applies to both boys and girls.

Dear client, 

Daughters have equal share in property. 1/6th each. She can make WILL only up to her 1/6th share , for rest portion her Will or sale invalid. You can file partition suit ,this way court will summon property document and mere transfer in her name dose not make her absolute owner unless daughters execute registered release deed in her favour.

1. Mutation of the property does not confer upon one the title of the property, after mutation a person can pay the property taxes accordingly. 

2. In the present case the daughter will have to file a partition suit in order to claim her share in the property. 

3. Mother can give only her share in the property.

4. Get in touch with a local lawyer to obtain the chain of the title 

Understood that you all made her as Legal Heir of the property. being inherited property, she can not sell or write a will to son or any one with out your all signatories.

Yes , you can demand the share now itself also

If you know the document number, you can take copies from registrar office.

Sir will is active only on demise of daughter so if daughter suspects such thing a new will can be made or a deed cancelling earlier wills. For registered will presence is required.

Registration of will is not mandatory . It is optional 

2) relinquishment deed or gift deed wherein daughter relinquishes her share or transfers her share is required to be registered 

3) un registered gift deed or relinquishment deed is in admissible in evidence 

4) it is necessary for daughter to be present if she has signed as witness for registration of will 

Yes, to make any registration in front of registrar is compulsory.

In my opinion, you need to publish an advertisement in a local newspaper proclaiming your ownership over the property and warning others not to enter into any transaction with respect to the said property. You also need to file a civil suit in the court having jurisdiction over the area where the property is located for "declaration of title and restoration of possession". Meaning, a declaration by the civil court that you are the lawful owner of the property and for possession of the property to be handed over to you.
The buyer, if has purchased it bonafide has his remedy against the fraudulent seller. You cannot be deprived of your property only because some one has purchased the same in good faith from a fraudster.

1. Khatha is not a title document, the daughter has a right for her legitimate share in her father's property.

Mother cannot deny the daughter her share.

2. Without the daughter executing a registered release deed her share in the property cannot be taken away by anyone, she may approach court with a partition suit.

3. She can do it but it will not be valid in law especially for the entire property.

4.  She cannot do it.

5.  She can claim, if denied then she can approach court with a partition suit.

6.  You can get certified copies from registrar's office.

A will   shall come into force only after the lifetime of the testator.

The testator can change the will anytime even if it is a registered Will.

The will allegedly written by the daughter is not enforceable.

Dear Madam,

You just file interim application in partition suit and restrain the mother from executing any Will or other document in respect of above property since it is not exclusive property of mother.

If the sign has been taken fraudulently then the said document can be challenged in the court of law 

If she is witness to it then it's required.