Change in property title

shyam lal (Querist) 26 March 2021 This query is : Resolved
All the revelant legal documents pertaining to our fathers self acquired property including his registered WILL is in the custody of my brother who has equal share in the property. as per the fathers WILL.But till date 16 years have passed he has not got the Mutation done in revenge records of the Nagar Nigam,he pays all yearly dues & the receipts are still in fathers name.Now I want to sell my share,what action /option s do I have?

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If your brother is withholding property documents and delaying the mutation process after your father's death, you have several options. You can issue a legal notice demanding partition of the property as per your father's will. If this is ignored, you may need to file a partition suit in court. While mutation is the official transfer of ownership in revenue records, it doesn't affect your existing title. You can also explore applying directly to the revenue officer with the death certificate to initiate the mutation process for both your names.

Advocate Bhartesh goyal (Expert) 26 March 2021
Issue legal notice to your brother and demand partition of your father's property as per will.If notice not complied with by your brother then file partition suit.property can not be sold without partition.

kavksatyanarayana (Expert) 27 March 2021
First, you shall get a mutation of the property in your name and your brother's name. For this, both of you shall apply for the mutation before the authority concerned. As per the Will of your father both of you have equal rights. So after the mutation, you can sell your half share in the property. If your brother does not agree, then you have to file a partition suit in the court conerned.

Dr J C Vashista (Expert) 29 March 2021
Mutation do not affect your title/ share / ownership.
File a suit for partition, possession, permanent injunction and mesne profits against your brother.

K Rajasekharan (Expert) 29 March 2021
Mutation is the suo motu duty of the revenue officer when the information on the death of a property owner reaches him, as per Kerala registry transfer rules. Your state may have similar rules. So apply to the revenue officer with death certificate and other details.

You can sell your rights to the share in the undivided property as is now, if anyone has interest in purchasing it.

On the other hand you can file a partition suit, get its decree and sell your part of the property to anyone.

These are the three options you can consider.

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Sankaranarayanan (Expert) 01 April 2021
File a suit against your brother and get remedy

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