Mutation
srinivas
(Querist) 07 April 2016
This query is : Resolved
my father expired two year ago leaving regd will in my mothers name.
my mother is not interested to get the mutation done in her name as she is old and sick and says all of us (children)get it done in your names after my death as per the will contents of my father.
can we just keep quiet as suggested by mother and we will not have any problem at a later date in getting the mutation doen in our names.as of now property is still in the name of my father who is no more.
r.sathyanarayanan
(Expert) 08 April 2016
you have not stated the details of the will.if the will is in the name of your mother,she is only entitled.
as for as mutation of your father name ,your mother can give application for the purpose of revenue records.
srinivas
(Querist) 08 April 2016
sir
asper will as along as mother is alive she is the full owner and after that all the four children will have equal share.
now my question is can we keep the property in my late fathers name as it is as my mother is not interested in getting it in her name as this involves submitting the will to court and getting the decree in her name .how long can a property lie in the name of person who is no more?.is there a time limit within which mutation has got to be done ?
can we directly get the mutation done in all the four children name if my mother gives a release deed in our names in which case whether we still have to go to court and for getting decree based on will and release deed
Rajendra K Goyal
(Expert) 08 April 2016
Your mother may or may bequeath the property in the name of all her legal heirs.
It is advisable to get it mutated in the name of your mother.
Hemant Agarwal
(Expert) 09 April 2016
SIMPLE ALTERNATIVE:
1. AFTER demise of Mother, the Fathers "will" becomes null & void.
2. Execute a duly stamp duty paid registered "family settlement deed" based on the fathers will.
3. Mother and 4 brothers will jointly execute above and decide therein about the ratio of property that would go to each legal heir of deceased. Herein mother can relinquish all her rights in favor of 4 brothers of whosoever.
4. In future, the registered "family settlement deed" would be legally sufficient for all purposes, without going for a court decree.
Keep Smiling .... Hemant Agarwal
http://www.maharashtra-society-help-forum.com
