Mutation of father's property amongst four siblings.
Swapan Mukherjee
(Querist) 10 May 2012
This query is : Resolved
We four siblings (two brother and two sisters) were left the family property in Kolkata by our father in his will.
Certain areas are clearly marked out in the will, indicating which sibling would inherit a particular area, while the two floors are not clearly marked out, except that the ground floor would be shared by the two brothers and the first floor by the two sisters.
The question I would like to ask is the scope of mutation required. Do the clearly indicated areas come under the purvue of mutation like the two floors, which do not have any clear indications, except what is mentioned above?
Any advice would be greatly appreciated.
Many thanks.
Swapan
Shonee Kapoor
(Expert) 10 May 2012
Yes they can be.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M V Gupta
(Expert) 15 May 2012
In respect of the areas which are bequeathed jointly to more than one sibling, the mutation entry can be made in joint names of the concerned sibling. If they desire that these areas should be clearly marked separately, then it will be necessary for the concerned siblings to execute a deed of partition demarcating the areas.
Swapan Mukherjee
(Querist) 16 May 2012
Thank you very much, Messers Kapoor and Gupta.
Perhaps I did not make my question very clear. Am aware of the fact that "the areas which are bequeathed jointly to more than one sibling, the mutation entry can be made in joint names of the concerned sibling".
However, we are wondering if the areas, which have been clearly marked in our father's will as to which sibling it belongs to, would also need mutation?
Your advice on the above would be greatly appreciated.
Thank you.
Swapan
M V Gupta
(Expert) 16 May 2012
Yes. The mutation entries should be made even in the case of those siblings whose property is clearly marked in the will. Pl note the mutation is an evidence of possession of the respective shares by the concerned beneficiaries. Hope u are aware the records in which the mutation entries are to be made.
Swapan Mukherjee
(Querist) 16 May 2012
Thank you very much Mr. Gupta for such a prompt and clear answer.
Am aware of some such records are to be made but am quite in the dark as to what is involved, costs, etc.
