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Pramila   07 October 2015

Including family members names in mutation

Dear all,

We have some ancestral property in Guwahati which is in the name of my husband that has been passed on by his parents before their death. The mutation, patta and jamabandi, all is in his name. Since the property is in a very prime location and we have had some problems in the past with some people forging documents and trying to take over the land (since we do not live in Guwahati), he wants to secure the property. He wants to include my name and our childrens name as title holders to the property. Can someone please advise if it is possible to include our name in the mutation and therefore in the patta and jamabandi.

Would really appreciate.

 

 



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     07 October 2015

Being a legal heir of your husband you can claim your share and you can get entered your name to the property.  Obtain the legal heir certificate and file an appliction before the concerned authority to enter your names to the property.

Pramila   07 October 2015

Sir,

Thank you for your advise. In that case, please forgive my ignorance, a new mutation will have to be made with both our names? Which also means a new patta and jamabandi?

Our lawyer in Guwahati suggested that I can have my name and my childrens name only by way of gift or sale deed. But I also want my husbands name to be there which does not solve our problem.

Also we were advise that we will have to pay 12.36% taxes as per the value of the property which works up to quite a bit as the property is quite valuable.

Sir, for your advise, will we have o pay 12.36% taxes too?

Thank you in anticipation.

~Pramila

 


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