On the basis of gift deed mutation can be done
A particular agricultural land was gifted to my mother by his brother.The gifted property was on my grandfathers name and later given to his son(brother of my mother). Currently passbook is in the name of my mothers brother when i apply for mutation of name on passbook,revenue department is asking for link documents which i do not have. we have the gift deed and passbook of my mother's brother. Can you please let me know what can be done in this case... Thanks
Well, rom the gift deed given to your mother you should get information on the link deeds.
Link deed means the deeds by which your maternal uncle or his brother became owner of this property.
If they became owner of the property by a registered deed which is mentioned in your mother's gift deed then from the local registration office you can get a certified copy of it.Otherwise on the basis of affidavit the mutation can be done.
my maternal uncle got this property from his father in inheritance..But we do not have the documents proving how my grandfather got the property.. Can you please explain how mutation can be done on the basis of affidavit in bit more detail? Thanks
- As per law , a gift deed cannot be cancelled , and it is having a legal value like sale deed .
- Since, currently the passbook is showing the name of your mothers brother , hence for mutation in the name of your mother , the link /chain of ownership is required .
- On the ground of property description , you can get certified copy of earlier named documents from the office of Registrar of your area or where this gift deed was registered.
- Certified copy of the property is admissible for all purpose , even in the court in the absence of original deed.
- If there is no record , then your mother should submit an Affidavit after stating the details of ownership of that property.
1. Brother and your Mother can execute a notarised irrevocable indemnity bond or a affidavit in favor of the revenue dept, stating the facts and annex the Gift Deed by Grandfather to his Son (brother of your mother) and Gift Deed by brother to his sister (your mother). This would legally sufficient for all legal purposes.
2. However, IF the revenue dept., still refuses to conduct the property mutation /transfer in the revenue records, THEN you will have to file a suit in the local Civil Court, for relevant direction order to the revenue dept.
How did property devolve on uncle ?
was it by gift deed
3) if it was on demise of grandfather intestate whether other siblings had executed relinquishment deed or gift deed
4) if property was in uncle name he can gift it to sister by registered gift deed
5) mutation should be done in mother name if no objections are received
You need to make such averments in the affidavit. Later you need to produce documents other than title for the possession of that property by grandfather
The possession was with the family since generations. Obtain a certified copy of the property papers. In that it will be written how he came to possess the property.
The registered gift deed alone would not be sufficient.
You may have to look for the link document(parent deed).
You can get a certified copy from ther registration department.
You can go through the gift deed for the reference of the link document.
You may understand that one has to comply with the rules and regulations as per law in order to get a legal validity or legal recognition to the property acquired.
If you are not able to get the work done, you may contact a document writer in the local and get the problem solved through the suggestions received.
The property was in the name of your grandfather.
Subsequently was transferred to your maternal uncle's name and the patta also was transferred to his name.
So there should be a document based on which your grandfather transferred the property as well as the patta to your uncle's name.
You ask your uncle to give the details.
You can also get the extract of A register from the Tehsildar's office in this regard which will support your claim for the ownership of the property.
1. If you have the gift deed executed by your mother's brother in favour of your mother then the only link documents would be the original sale deed of the property and the transfer deed through which the property was transferred initially to your mother's brother.
2. You can obtain certified copies of both these documents from the office of sub-registrar.
Mutation dose not confer title. Gift deed is valid proof of title transfer but link documents are necessary for many other purposes.
Check revenue record, it may be mention how grand father acquired the property.
1. You can apply for copy of link documents and of your land from revenue office.
2. You don't need link documents if patta was already on name of your uncle who executed the gift deed.
3. You just have to show original gift deed along with papers through which your uncle inherited the property.
4. If revenue department still refuse to update khatta passbook then file suit against revenue department of updation of records.
once a gift deed is registered in the name of the recipient, only then can she apply for mutation of the property. Mutation is necessary to transfer utility connections in the name of the recipient