Hi, This is regarding my father's inheritance, so he's the youngest in family and have 2 more sisters and 2 more brothers, our grandmother passed away around 10+ years back and now all three brothers wants to get mutation of property done. Somehow one of brother-in-law wants to put a condition where if we sell any part of the property out of family we'll have to pay 30% to him then only he'll allow her wife to sign the mutation documents. On which the other two brothers are ready as they wish to stay in same property and we don't wish to agree considering we are not living there from around 10+ years itself, but the floor is rented out by us. Now one of the brother is saying he'll go ahead sign and get the mutation done leaving my father out of it. Would like to explore our options in this case. Regards - Mayank
On grandmother demise your father and his siblings have equal share in property
2) mutation does not confer title to property
3) it is only for payment of property taxes
4) no need to agree to unreasonable demands of brother in law
5) your father should file suit for partition for division of property by metes and bounds
6) seek injunction restraining sale of property by other legal heirs
In this case all siblings including sisters and brother and the father shall have equal share in the deceased mothers property . See if sister want to give up there share relinquishment deed can be signed by them though if not they shall equal share one sister will not have 30 percent alone. For your share you father may file for partition suit .
1. Your father can file a suit for the partition of the prooerty to claim his share after death of the grandmother.
2. You can also restrain them to transfer, alienate, sale, dispose the property by filing a civil suit
These conditions are prohibitive and cannot be sustained in law and before courts. Therefore no need to agree to them. File a partition suit in the district court and let the court divide the property.
If a reasonable family arrangement takes place then that is an another matter.
Hi
File a specific performance suit in civil court.
Or first file a partition suit for the partition of the property then sell your portion.
Thanks
- As per law , your father is also having an equal share in the property left by grandmother .
- On refusing to give his share , he should issue a demand legal notice against the other legal heirs .
- If no response by his brothers & sisters, then he should file a Partition suit for getting the same legally.
- Even, without distributing the share to your father , they cannot sell the said property .
- Mutation is the change of title ownership from one person to another when the property is sold or transferred.
- Further by mutating a property, the new owner gets the property recorded on his name in the land revenue department and the government is able to charge property tax from the rightful owner. It means , that it is not a title deed of the property.
Good luck and dont forget to rating Positively.
Mutstion without your father will be void and mutation dose not effect ownerhsip. Your father 1/5th share is intact.
All have 1/5th share and your father can file objection agaisnt mutation.
1. You can file an application for mutation of the property in favour of all the legal heirs of your grandmother.
2. You shall have to submit the death certificate of your grandmother and also the legal heir certificate.
3. Alternatively, you can file a partition suit before the Court praying appointing the Court commissioner to divide the property amongst the legal heirs by metes and bounds.
4. Once the property is partitioned, your father can mutate his partitioned share of the property in his name and thereafter can sell the same
Your father should file partition suit before the couurt
Father will be required he can't keep him out. You can seek injunction from court if he is delirious do that
1. Let your uncle sign the document because document signed by your uncle will not be bounded upon your father.
2. But don't let your father's name stay out of mutation records it can lead to long litigation between family.
All legal heirs their share in the property of your grand father.
So if you calculate they can get only 20% share each so 30% is not valid you can go as per law Hindu Sucession Act - Class I heirs list.
Upon death of your Grand Mother (GM) all her children are entitled to equal share.
Mere getting name mutated in revenue records does not confer title.
Your father need not yield to your uncle's condition / demand.
The best option is your father can file a partition suit seeking partition among all his siblings after giving notice.
Further, he has to file an application seeking injunction restraining them from creating third party interest / alienating or changing nature of the property.
Based on above, all of them most likely will get the matter settled amicably. Other way round, through court each can get a demarcated share "officially"
Mutation of revenue records with regard to the property in question cannot be done on some individuals names alone by leaving behind the other entitled persons
If there is any such mutation done against the interest of your father, he can give an objection in writing seeking to reverse the entry.
He can approach court with a suit for permanent injunction also if the authorities do not pay heed to yor father's request
