Cousin brother will be one of co owners of house
2) he can sell his undivided share in house
3) he will be entitled to share in sale proceeds
4) aunt will also have share in sale proceeds
Legal owner of house after mutation
Hi, I have some questions related to our ancestor property located at Kolkata suburb. This property was gifted to our family by then West Bengal government according to Refugee Rehabilitation (RR) act in 1950 and our ancestor built a house for living. After 40 years, by 1990, this land was registered as deed on 4 family members in our family – my father, uncle (father younger brother) and two of my aunts (father younger sisters). Couple of years ago, both of my parents and uncle died due to old age sickness; though my two aunts are alive, and the house is left empty. No one is living in that house. Now, we, as a family, have decided to sell this house but while talking to different concerned body like Municipality, registration office we came to know we have to do mutation for this house before selling to someone else as the last registered deed does not have some of our family member’s name who are now the legal heir of my parents and uncle. As per our understanding, me and my elder brother are legal heir of our parents and my auntie (uncle’s wife) and cousin brother (uncle’s son) are legal heir of my uncle. I have couple of questions: 1. Once we are done with mutation for this house will my cousin brother have rights to this house? Will his name be included as one of the owners in the mutation document? 2. Is he eligible for monitory claim as part of uncle’s right if the house gets sold to another party? Or only my auntie (uncle’s wife) can have claim? 3. Finally, how many members will be considered as claimant? Please response to these questions so that we can plan accordingly as we want what is supposed to be done; we are not going to deprive anyone or hurt anyone. We want to walk to that path which is correct and legal. Regards, Kusal
Asked 2 years ago in Property Law
Religion: Hindu
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18 Answers
Property allotted under Refugee Rehabilitation Act is not ancestral in nature.
1. Yes. Property is required to be mutuated in the name of all legal heirs of your father, uncles and aunts.
2. Yes. He and other legal heirs including your aunts are entitled. Since aunts arealuve so their legal heir shall not be entitled to any separate share.
3. Two aunts, legal heirs of father and uncles.
Once you complete the mutation process for the house, the names of the legal heirs will be updated in the mutation document. Your cousin brother may be included as one of the owners if he is considered a legal heir according to the laws of inheritance in your jurisdiction. The specific rules regarding inheritance and property rights can vary, so it's advisable to consult with a lawyer who can provide guidance based on the laws applicable to your case.
Whether your cousin brother is eligible for a monetary claim upon the sale of the house would depend on the laws of inheritance and property rights in your jurisdiction. In some cases, the spouse and children of the deceased may have a claim to the property or a share of the proceeds from the sale. Again, it's crucial to consult with a lawyer who can provide specific advice based on the applicable laws in your area.
The number of claimants would depend on the legal heirs recognized under the relevant laws of inheritance. This can include spouses, children, and other immediate family members. It's important to determine who the legal heirs are according to the laws in your jurisdiction, as this will determine who has a rightful claim to the property or any proceeds from its sale.
Hello,
- The mutation will be done in the name of all legal heirs which include your aunt,cousin and you two brothers.
- Yes, Your cousin too will be entitled for monetary benefits of the proceeds from the sale of the property in a proportion to the tune of his right.
- It is important to understand that the rights accruing on the legal heirs is in direct proportion of the rights that the immediate ancestor had.
- In your case your aunts,the living sisters of your father, Your cousin and his mother and you siblings will be the rightful claimants as per succession.
1. Mutation is not ownership it can be challenged. Ownership is as per succession Act
2. If he is a legal heir then he will have rights otherwise no.
1. Yes, they have also share in the property being the son of your uncle , and hence his name should be included in the mutation
- You can even apply for mutation in your name as well for your share in the property
2. They have also right to claim
3. All legal heirs of your father , legal heirs of deceased uncles and aunty.
1. Your cousin is one of the legal heirs of your deceased uncle. Your uncle is entitled to a share in the proeprty as on of the co-sharers, therefore his successors are automatically entitled to their respective shares out of his share in the property. Thus your cousin is also entitled to a share in the property and his name should also appear in the mutation records as on of the shareholders.
2. Your cousin is entitled to a share out of the sale proceeds out of the share of his deceased father along with his mother.
3. All the legal heirs and the legal heirs of deceased legal heirs are entitled to a share in the property or the sale proceeds.
You say that in 1990 the land was registered in the joint names of 4 persons - your father, your uncle and your two aunts. As your aunts are living, they have 25% UNDIVIDED share each. After the death of your father, his 25% UNDIVIDED share devolved on his legal heirs equally, you and your elder brother, with each being entitled to 12.5%. As regards your deceased uncle's estate, his wife and his son are each entitled to 12.5%.
Yes he including her mother has 1/4th share in the property. Mutation will done in the name of all 4 families. But for sale of property, no need of mutation.
Later purchaser will mutate in his/her name on the basis of sale deed.
auntie and he both share half of 1/4th.
6 Claimants.
1. The names of all the legal heirs of the original owners of the property shall have to be mutated.
2. Both the wife and the son of your deceased Uncle are equal share holders of your said Uncle's share of the said property.
3. Your father's legal heirs, your Uncle's legal heirs and your two living aunts will have claim on the said property.
Thanks a lot for your response; much has been clarified but need more clarification. If the house gets sold sale amount will be divided based on the owners mentioned in 1990's registered deed or based on current mutation. Deed has my two aunts (father's younger sister) name and my father and uncle name - total 4 whereas mutation has names of two aunts (father's sister), uncle's wife and one son and we two brothers - total 6. As for example, if house gets sold in 30L; it will be divided 30L/6 = 5 L each as per mutation or 30L/4 = 7.5 L for each aunt, me and my brother together 7.5L and my uncle's wife and her son together 7.5L?
Asked 2 years ago
It won’t be divided as per mutation
2) your father you get sisters will have one fourth share each in sale proceeds
3) your father share will be divided between you and your brother
3) your uncle share in sale proceeds will be divided between aunt and her son
Share shall be divided among the legal heirs of origional owners in 1990 basis. Share of each origional owner shall be divided among their respective heirs.
In the sale deed executed jointly by all the shareholders, the sale proceeds will be divided into four shares and each legal heir of the deceased grandfather shall be entitled to 1/4th of the sale proceeds.
The legal heirs of uncle shall be entitled to one such share.
you and our brother shall be entitled to your father's share in the sale consideration amount.
The determination of legal heirs for succession shall be based on the 1990 registered deed. The distribution shall be as advised by me earlier.
Do as you like. 4 or 7.5
- The sale proceed will be distributed based on registered deed and not mutation
- The share of deceased person will be given to his legal heirs equally .
It will be divided as per commonly agreed deed signed by the owner
In general, the ownership and distribution of proceeds would typically be determined based on the legal ownership of the property at the time of sale. This would typically involve examining the registered deed and any subsequent changes or mutations that have been recorded.
If the registered deed from the 1990s lists four individuals as owners, it could suggest that those four individuals have a legal claim to the proceeds from the sale. However, if there have been subsequent mutations or changes in ownership recorded, such as the addition of additional owners, those changes may need to be considered as well.