1) it is advisable to submit individual affidavits by 3 siblings on stamp paper and have it notarised
Can an affidavit for mutation of land be signed by all legal heirs or affidavit has to be individual
A, B and C (Two brothers and one sister) Sunni Muslim want to apply for Mutation of Agricultural Plots in a Village in India, which they inherited from their late father. The revenue officials have told them to submit an Affidavit furnishing the details of 1. Death of their father 2. Details of the Plots to be mutated in their name along with the covering letter. 3.The Plots are under their possession and 4. The agricultural plots are not in litigation. Their father did not leave a Will. The agricultural plots are in their possession and there is not litigation in any court. Q.Can they submit one Affidavit signed by all three Deponents on a Stamp paper duly attested by a Notary or each one will have to submit a separate Affidavit total (3 Affidavits). What is the legal position?
Asked 4 years ago in Property Law
Religion: Muslim
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10 Answers
1. The affidavit to be sworn in before the first class magistrate by only of the co sharers and not all of them.
2. To get such affidavit it is advisable to engage an advocate.
3. So once you make such affidavit and deposit in the office on which the mutation can be done.
1. See one Separate Affidavit for each legal heir mentioning details of three legal heirs , deceased father and details of the property can be made and can be submitted.
In my opinion an affidavit affirmed by all the three successors jointly should be sufficient to solve this issue.
Get the affidavit duly notarised and attach the same under a covering letter along with all other relevant documents which may be required to be produced for verification by the authority concerned for mutating the revenue records on all the three successors names.
A mutual affidavit can be made and signed in the above case
You should submit different affidavits as you are 3 different shareholders and say whatever you want to say. You are shareholders but have different share as in Muslim law girl's share is different from boys.
Individual affidavit will submit - 3.
- As per law, an Affidavit is a declaration by the executor .
- Hence, for mutation purpose, each person should submit their separate affidavit on the stamp paper of Rs.10/-
- But , if anyone of them unable to do the same , then he/she will have to give POA for the same to the other.
Submit individual affidavit.
1. Legal heirs can submit joint affidavit if revenue officer doesn't raise any objection for this.
2. And if he raise any objection then you can submit separate affidavit for each legal heir.
