I have some academic questions. Out of 35 types of revenue mutations there are following mutations Mutation A. Distribution during life (hayati ma vahechni) or hayati ma hak dakhal Mutation B. Distribution (vechani) (after death) or varsai Now I am making some statements, can you say which statements are correct or wrong. 1. Mutations A and B are one and same thing. And beneficiary will have a "ancestral" title of the agriculture land. The mutual consents among all legal heirs are required for distribution and and exclusion of any legal heir is not legit entering rights of legal hairs. 2. Point 1 is true regardless the property being ancestral or self-acquired. 3. Any agriculture land with "ancestral" title must have come from the consent of the all the legal hairs holding the rights on land. 4. While Owner of the self-acquired property can dispose the property by means of will/gift-deed/sale-deed without anyone's consent to any legal heir. It's not possible to be partial with any legal heir while following mutations A and B.
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They are not same .during lifetime owner of land can execute gift deed and property can be mutated in name of beneficiary
2) in B case property gets mutated on demise of testator as per his will
3) self acquired property can be disposed of by gift deed or sale or by will without consent of legal heirs
4) for ancestral property disposal consent of legal heirs is required
Mutation of self acquired property during the lifetime of the owner in favor of the beneficiary can be done if the donor transfers the property by a registered gift deed or a settlement deed in favor of the donee, however the legal heirs inheriting the property upon intestate death of the deceased owner can get the property mutated jointly or on individual names when the property is partitioned among the legal heirs.
The ancestral properties also can be mutated either on the joint names or on the individual names as per procedures stated above.
This applies to agricultural property and also to other properties too.
4. While Owner of the self-acquired property can dispose the property by means of will/gift-deed/sale-deed
without anyone's consent to any legal heir. It's not possible to be partial with any legal heir while following
mutations A and B.
Dear Client,
It is now clear that the two different mutations referred to as A (distribution throughout life) and B (distribution upon death) are in fact one and the same thing but different in name. Some beneficiaries may receive ancestral title which is not fair, it can cause conflicts because legal heirs are excluded while all legal heirs are expected to agree on the division. The legal heir of the property, one who has self-acquired property, has no obligation to consult other legal heirs in making decisions on utilization of the property. Not even in a simple event like the inheritance of property can those who are directly affected sit tight without giving their approval in order to safeguard those rights which if they don’t, would be violated. In India property rights or property laws are governed by several laws and part of them: ‘Hindu Succession Law’ and ‘Hindu Succession (Amendment) Act, 1956’ explains the concept related to the ‘inheritance of Ancestral as well as Self acquired property’. However, the issue raises a number of legal issues, and it would be more reasonable to address the experienced lawyer with an expertise in property law.
Hope you find this answer helpful in resolving your problem.
