• Related to Estate

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.
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

The property was transferred through a will. Nobody has any share in the property. You are the only owner.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Did your father execute gift deed in your name .?

 

2) how was property mutated in your name during father lifetime kindly clarify 

Ajay Sethi
Advocate, Mumbai
94822 Answers
7560 Consultations

5.0 on 5.0

  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. 

Mohammed Shahzad
Advocate, Delhi
13282 Answers
198 Consultations

5.0 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
22840 Answers
490 Consultations

5.0 on 5.0

Hello,

  1. If the property was Willed by your father, regardless of when the mutation was done, You are the only owner by virtue of the document.
  2.  Your sisters can challenge the will. They will have to prove that there was a subsequent Will or that your father has made changes to the Will or that you got the will in your favour fraudulently. If  this does not happen you are the rightful owner.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22662 Answers
31 Consultations

4.4 on 5.0

Yes you are the sole owner of the land as you got it through a WILL.

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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. 

T Kalaiselvan
Advocate, Vellore
85023 Answers
2210 Consultations

5.0 on 5.0

If it's your father self acquired property then they can't seek any share in the same. 

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

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.

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Only an AP based lawyer well versed with state acts can answer this.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You sister can only claim a share if the property was

a coparcenary property and not a self-acquired

property.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Mutation of your name during your father's live time is not valid.

If the Will is executed by your father in your favor, you will become owner.  

In the absence of the Will, all of you will be having share in the property left by your father

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer