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shailesh (technical associate)     24 April 2011

Is mutation confirms the title in delhi?


There is one property whose Ownership is given to my chacha ji by my grandfather(Self Acquired)in 1969 and we are living in the half of same property since then. We have been termed as licensee in the WILL.

In 1977, My Bua's has done Relinquishment Deed in favour of me of 1/2 of the Property and another half in Chacha ji favour. I had done a mutation based on this in 1998

Can anybody tellme that will Mutation and Relinquishment Deed stands for the title. This property is in delhi.



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 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     24 April 2011

Mutation only shows how the property is acquired.  Rlinquishment deed confirms tittle over the property, but it shoudl be regd., one. otherwise tittle can be challenged.

shailesh (technical associate)     24 April 2011

Sir,

     Relinquishment Deed is registered but it was done by bua's not by Chacha ji to whom the Property is given by  grandfather(Self Acquired)

 

Will it be usefull for us?

SACHIN AGARWAL (ADVOCATE)     24 April 2011

Since the property in question belongs to Chacha Ji, the Relinquishment Deed by bua Ji would not create any title in your favour.

shailesh (technical associate)     24 April 2011

Actually we were living in same property since 1965 and we have pressurized Chacha ji a lot to Sign the Papers but he always give some excuses. In 1994 Chacha ji has been died Actually we were living in same property since 1965 and we have pressurized Chacha ji a lot to Sign the Papers but he always give some excuses. In 1994 Chacha ji has been died

 

Also in WILL done by Grandfather told that we have 1/3 of possession and we  were living as License..But after death of Grandfather we have taken half of possession in 1971.

 

Now Please tellme whether the Title wil favour me or not?

 

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     24 April 2011

Dear Querist,

 

If your Grandfather has done WILL in your favour giving you 1/3rd share in the property and also since you are in possession since 1965, and particularly that after death of your Grandfather you have taken half of possession in 1971, then its nor understood as to what exactly your grievance is. It is not clear from your facts whether you have been occupyinh the said property as in the case of permissive possession or as natural heirs or otherwise. Please provide facts clear preferably with some documents.

 

Trust this would suffice.

 

Rabin Majumder

AoR

Supreme Court of India

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     24 April 2011

Dear Querist,

 

By mutation, name of the legal owner of the property is brought on the official records. Mutation of the property can be done on the basis of the sale deed, registered will, gift deed, relinquishment deed or other legally recognized property transfer documents. The mutation of property is possible on the basis of an unregistered Will too as in India the registration of testamentary document is not mandatory.

A document registering a property is a registered document of assurances and not of title. If the representation as to the title is proved to be wrong, the purchaser loses the property to the rightful owner despite the assurances. He can only seek damages for breach of covenant of title.


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