The property was transferred through a will. Nobody has any share in the property. You are the only owner.
Sir, i have 2 acrs of DKT land in andhra pradesh, the above land is obtained through registered will by my father in july 1996, but the land mutate on my name in september 1996, before the death of my father i.e. in july 2001, i am 1 of the 5 sisters, now my 4 sisters claiming, we are also share holders, is am i the owner or all are owners.
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The property was transferred through a will. Nobody has any share in the property. You are the only owner.
Did your father execute gift deed in your name .?
2) how was property mutated in your name during father lifetime kindly clarify
As per Supreme Court , now a daughter whether married or unmarried is having equal share in the Ancestral property i.e. an equal share in such a property accrues by birth itself. Before 2005, only sons had a share in such property.
- Further , the daughter would not get property rights if the father died before the amendment came into force.
- Since, the said land was transferred in your name in 1996, and mutated before the death of your father, ie. 2001 , hence your sisters are not having any right to claim over the said land.
1. Do note that Mutation doesn't either create right in property or relinquish it.
2. In any case your Mutation is also unlawful since it was made during lifetime of your father.
3. So if your father has not left any Will then on his death his property is liable for division in equal shares among his legal heirs.
4. So if your mother is dead then you don't have more than 1/5th share in the property.
Hello,
Mutation in your name in 1996 was not valid as you have acquired ownership only after your father demise.
But this dose not invalidate the Will. Bequeath in your favor is perfect.
Hope Will is duly executed.
1. You are owner of land as it was transferred to your name through registered will of your father.
2. Your sister's cannot claim any share from this land.
If your father did not transfer this property to your name by a registered deed and he is reported to have died intestate then this property shall devolve equally on all 5 sisters.
Please be aware that the revenue records are not title documents.
Hence you cannot acquire title to the property merely by mutating the property on your name.
They are entitled to an equal share in the property left behind by your father.
1. Legally, property CANNOT be mutated based of a WILL of a person, who is still alive, more so since you mention that Will is of 1996 and Father expired in 2001, BUT property mutated in 1996 itself. This is literally not possible.
2. Check IF property was mutated via another document (Gift Deed, Release Deed etc.... )
3. IF point no. 1 is True, THEN 4 sisters can challenge the property mutation that was done in September-1996, unless the court declares Sister's petition as "Time Barred", under the limitation act.
Madam,
After mutation on your name, you are the owner of the said properties and you are suggested to protest against move of the sisters.
You sister can only claim a share if the property was
a coparcenary property and not a self-acquired
property.