Dines Bhunia (Chemical Enggr) 06 May 2013

Grandmother's property right by mutation

My Grandmother had a registered document(from my grandfather) of our parental house. My Father being the only son of them got this property right by inheritence( but no registered Dalil or document) and completed mutation from the Howrah Municipality.

Now we are two brothers and sisters( both married) from our parents. The sisters confirmed that they are not willing to have any share from the property. My Father wants to register the ancestral house that he got as being the only child to me(as I am living here) only whereas the other house in the village to my brother where hebrother lives.

My question:

1) Can my brother claim in future the house that my father wants to give me?

2) Will there be any stamp duty required for Father to Son transfer?

3) Since my father doesnot have any registered docxument showing he is the owner, will it be accepted by the court?

4) Is corporation Mutation document is considered valid for property right?

Regards

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1 Replies

R.V.RAO (retired) 05 March 2014

i presume ,your grand father self acquired the property.this property was inherited by your father being the only legal heir.

by this way, this property has become self acquired by your father.it is not ancestral property,because you should be in 4 th generation to make it an ancestral property. it is not the case. so it is self acquired property of your father.

your father therefore has all the legal rights over the self acquired property and absolute owner.so no body can challenge your father's actions of gift/will etc...in any way.

based on his inheritance,your father needs to get the property mutated in his name before passing the same to you.property regn.is done in SRO office. based on ownership documents,mutation is done in muncipal office.

as regrds trsfr by your father to you,will is a better option as there is no cost like regnfees/stampduty....based on will get it probated and mutate property in your name.but that is a later story.