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Vijay Shankar   11 July 2021

Can son claim ownership when entered in mutation with father

Father bought a property and entered his own name along with one son's name in mutation record. Now, father died intestate for that property. Therefore, can the son in mutation entry claim complete ownership of that property and and sell it ? Or Can other legal heir children of the Father come and claim their share in the property ? Can mutation entry done only of one son be treated as will of father for giving property to him?


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 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     11 July 2021

Father bought the property jointly.  So for the share of the father, all the legal heirs including the son who is a joint owner have equal share over the 1/2 share of the late father.

Vijay Shankar   11 July 2021

No father bought the property only in his name. Its just that while going to mutation office son also was available so his name was also added. Sale deed is only in name of father. Don't know how name of that son is appearing in mutation entry. Does that make him owner after father's death?

Raghav Bherwani   11 July 2021

A claim to a property cannot be made based on just the mutation entries in revenue records. A claim made by one son over the property will not trump any other claiss made by legal heirs based on mutation entries of the property in revenue records.

Mutation entries in the local revenue records of your municipality help the authorities ascertain the tax liability and help the owner acquire utilities like running water and electricity. The process of mutation is done usually after registration of the property (in your case, the legal heirs)

Mutation entries of property in revenue records does not create or extinguish any title and do not presume any value of ownership over any land or property. These entries are solely for the purposes of tax and to ensure that the land revenue is paid by the right person.

 

Vijay Shankar   11 July 2021

Thanks for your reply. Sir, actually that son is using it as his father's last intention to give him the property ownership though no proof of it as such apart from the mutation entry. So can that sustain without there being any Will document?

G.L.N. Prasad (Retired employee.)     12 July 2021

First file RTI application to the authority that mutated the property asking for certified copies of all documents basing on which additional name was added (son's name).  Mutation can neither get a good title to the property nor helps any co-sharer that is entitled to lose his rights on the property of the deceased..  To get a valid legal title a proper will or settlement/partition deed is only essential and relevant.  Because someone's name is appearing in mutated records, he can not become the absolute owner.  In the case of the co-sharer, he is a trustee for all other co-sharer and mutation entry confirms possession of the said property for him and as trustee for all other co-sharers.

P. Venu (Advocate)     12 July 2021

Mere entry in the revenue records does not constitute title to property.

Dr J C Vashista (Advocate)     12 July 2021

Mutation can not be sanctioned as stated by you.

Mutation and title (ownership) are different where mutation is based upon title.

Mutation do not confer title.

Intestate property of deceased father shall devolve equally among all of his (father's) legal representative which include your mother and siblings. 


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