Mutation of property without dimensions

aman (Querist) 03 August 2024 This query is : Resolved
Respected experts
We are two brothers and our father made separate wills for us ..my father had 6 shops and he gave 3 shops to me in his will and he mentioned like shop no 1,2,3 to elder son and shop no 4,5,6 to younger son (me) there is no dimension or total area of land mentioned in that will .. municipal corporation office (Nagar Nigam) has done mutation in my name for my 3 shops and I am paying property tax also ..I got electricity ,water and sewer connections also in my name …I tried to get regular mutation in tehsil but they refused that there is no dimensions and area of land mentioned in the will …please guide me what procedure should i follow to get mutation done ..

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A property owner is facing difficulties getting a mutation of three shops registered in the tehsil records, despite having them transferred in municipal records and utility connections in his name. The issue stems from the father's will not specifying the dimensions or total area of the properties. Experts suggest that while municipal records use door numbers, revenue records require precise property details. Options include obtaining a rectification deed from legal heirs, filing a suit for declaration of property extent, or requesting the Tahsildar to appoint a surveyor for demarcation and then applying for mutation with a notarised affidavit.

T. Kalaiselvan, Advocate (Expert) 03 August 2024
Firstly, if your father is living then the Will cannot be enforced, therefore the transfer of property to your name before the Will coming into force is not considered as valid.
The name transfer of Municipal records for tax purpose will be done on the basis of door number and not by the extent of property.
Therefore you ask your father to either write a codicil to Will by adding the property details or write a new Will otherwise let him transfer the property by registered settlement deed, which will solve the problem.

aman (Querist) 03 August 2024
Dear T. Kalaiselvan,

How is it possible if my father was alive ,the municipal department would have never done the mutation in my name whether it is for only tax purposes!!! And neither electricity and water departments would have given me electricity and water connections on that property in my name ..
My father is no more and the will is a registered will only , the only problem is that dimensions and area of land is not mentioned.. please guide accordingly..

T. Kalaiselvan, Advocate (Expert) 04 August 2024
In your original post you did not give the details what you have furnished subsequently.
Well since the Will has come into force, it is pertinent to take suitable action as required by the procedures of law for mutating the property in the revenue records.
As a matter of fact you are also aware that in the absence of particulars of property details i.e., extent of property with check boundaries, you cannot legally claim exact extent of the property under your possession.
Therefore you may have to obtain a rectification deed from the other legal heirs of yor father in this regard or file a suit for declaration to declare the correct measurement and extent of the properties bequeathed to both of you through the Will.

aman (Querist) 04 August 2024
Dear sir
We are two brothers means my father have only two legal heirs alive and I do not have good terms with my elder brother ..he will not agree for filing a suit ..! Is there any other way to get mutation and secure my property ..or can i sell this property without mutation .?

T. Kalaiselvan, Advocate (Expert) 04 August 2024
If your brother will not cooperate, you may file it independently and implead him as a defendant.
Even if he is set exparte, it will be beneficial to you.

kavksatyanarayana (Expert) 04 August 2024
You shall request the Tahsildar to send a Surveyor/VRO to measure the land for mutation. After democration of the land, you can produce a Notarized Affidavit for the area of the land and apply for mutation. Otherwise. do as advised by the above learned expert to file the case.

P. Venu (Expert) 18 August 2024
You can file a suit for demarcation and fixing of boundary impleading brother as the defendant. You need to take steps to get a survey commission appointed.

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