Succession certificate should be applied from court snd on getting succession certificate apply for mutation of patta.
Respected Sir/Madam, I am having land at my native were shared by my Father , two brothers and sisters. We are tried to remove my grand mother name from patta but officers mentioned that's not possible with out signature of all children of my grand mother. Grand mother passed away 9 years ago and my aunt(Dad's sisters) not willing to sign to get it remove Grand mother name from patta. We are not sure what to do now and need your guidance here to proceed further and find out solution for this situation.
Succession certificate should be applied from court snd on getting succession certificate apply for mutation of patta.
1) on grand mother demise all her children have equal share in property
2) apply for mutation of property in name of all legal heirs
3) enclose death certificate of deceased grand mother
4) your aunts would agree if their names are also on patta
If it was your grandmother's property then you cannot remove her name without all the legal heirs giving a joint application to the revenue department, because upon her demise the proeprty shall devolve equally on all her legal heirs, therefore the consent of all the legal heirs is essential requirement/
On the basis of the death certificate and legal heirship certificate the revenue department will have to transfer the revenue records in favor of all her legal heirs, therefore it is pertinent that all of them have to submit an application jointly to effect this transfer
1. Assuming that it was your grandmother's self acquired property and she died intestate (without executing WILL), then the property's share gets devolved equally to your grandfather (if alive) and all her children, both sons and daughters (whether they are married or not).
2. If your father's siblings (all brothers and sisters) execute a registered Reliquishment Deed in favour of your father in the jurisdictional Sub Registrar's Office relinquishing their individual share, then your father could become sole owner of the property.
The patta is only a revenue document evidencing title, and does not by itself confer title. There is no need to remove your grandmother's name from it. Let it stand. It is not going to affect the title of the co-sharers in any way.
Dear client,
Here are a few general steps you may consider taking:
Consult an attorney: Seek professional legal advice from an attorney who specializes in property and inheritance laws. They will help you understand the legal options available to you and guide you through the process.
Review the property documents: Gather all the relevant property documents, including the patta and any wills or legal agreements regarding the property. Your attorney will need to review these documents to assess the situation accurately.
Mediation and negotiation: Consider engaging in mediation or negotiation with your aunt and other family members involved. Sometimes, resolving conflicts through peaceful discussions can help reach a mutual agreement. A mediator or your attorney can assist in facilitating these discussions.
Legal recourse: If negotiation or mediation fails to yield a resolution, your attorney can guide you on the legal options available. This may involve filing a case in the appropriate court to seek a legal remedy, such as partitioning the property or enforcing your rights as a co-owner.
Documentation and evidence: Keep a record of all communication, documents, and evidence related to the property and the dispute. This will be helpful for your attorney when building your case.
- As per law, after the demise of your grandmother intestate , her property would be devolved upon all her legal heirs equally and hence you father share in the property is 1/4.
- Since, your father has undivided share , then he can enter into a Partition deed or Family Settlement Deed for declaring the share in the property.
- Further, after submitting the death certificate and deed copy , Patta can be changed in his name independently or in the name of all legal heirs.
- Further, all can apply even for mutation of the property as well.