Property mutation
Mr H.S Khurana
(Querist) 22 July 2014
This query is : Resolved
Dear sir,
My father make shops on a property in 2004 and they were 6 brother sister including him .All other brother sister surrender their rights in favor of my father and one brother and they mention in mutation they don't need anything from this property.According to that mutation there were one big shop which will be given to father brother and rest 4 shops were given to my father with no objection from all brother and sisters .Now for some reason mutation was not registered .My father elder brother son take keys of said shops by cheating and get hold of it now my father died last year and we put case in lower case .Paper on which property is in favor of my father and uncle that paper was purchased by the person father who took keys from us .Now what's the chance that my two aunties can ask for the share.What can be done Please help.=)
Devajyoti Barman
(Expert) 23 July 2014
Give details of ownership of shops.
Give details of ' surrender of rights' of your uncle as well.
malipeddi jaggarao
(Expert) 23 July 2014
Give details sought by expert Shri Devajyoti Barman. "All other brother sister surrender their rights in favor of my father and one brother and they mention in mutation they don't need anything from this property."
Whether surrendering of their rights are through registered relinquishment deed? Mere writing on stamp paper will not hold good. If the surrender is not registered either by way of partition, relinquishment deed or gift deed, all the legal heirs and their successors have rights on the property. Hence come with full facts.
P. Venu
(Expert) 23 July 2014
Mutation or entries in revenue or municipal records are not absolute title as to property.
ajay sethi
(Expert) 23 July 2014
answer queries raised by experts
Rajendra K Goyal
(Expert) 23 July 2014
Some further information is required and the documents need to be referred, consult a local lawyer and show him all the documents.
T. Kalaiselvan, Advocate
(Expert) 25 July 2014
In the absence of a registered family settlement/relinquishment, it cannot be deemed to ab an arrangement mutually agreed among the brothers and sisters with the intention thereto. The position or status of the property is joint holding or in-partitioned property. therefore under the given situation, either you as a legal heir of your father or his sisters as a share holder/co-sharer can file a partition suit, that will be a remedy to make the person who has the keys to realize the legal position on this issue.
