mutation of property

mrinal kanti naskar (Querist) 15 May 2011 This query is : Resolved
Q. MOHAN ,HINDU by Faith died in 1978 leaving behind 3 sons,namely 1) HARI 2)ASHOKE
3) JAWAHAR & no daughters or wife. MOHAN HAD A LAND 30 COTTAHS in his khatian (2175).
In 2009 , ashoke alone applied for mutation to get his share. He got 1/3 share i.e 10 COTTAH of land in his newly created khatian (3130). MOHAN'S khatian (2175) is left behind with 20 COTTAH of land (as 10 COTTAH was shifted to ASHOKE'S khatian -3130 ).
Now in 2011, HARI is applying for mutation to get his share.
How much share will HARI get ?
will he get 1/3 of 30 COTTAH = 10 COTTAH ?
OR
Will he get 1/3 of 20 COTTAH = 6.66 COTTAH ?
PLS HELP.
MRINAL

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Raj Kumar Makkad (Expert) 15 May 2011
10 Cottah as he is also inhering the total landed property left by his deceased father.

R.Ramachandran (Expert) 16 May 2011
Absolutely. Mr. Hari and Mr. Jawahar will also get 10 Cottah each.

Guest (Expert) 16 May 2011
Entitlement of Hari for mutation is 1/3 of the original property for inheritance, not the left out property after part of mutation already made by one heir. The rest can be mutated by Mr. Jawahar.

mrinal kanti naskar (Querist) 16 May 2011
thank u for your precious advice.
mrinal.

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