IBC Code: Complete Overview and Drafting Workshop. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Surya   05 March 2023

Is spelling mistake in name same title transfer ?

Dear and Respected Sirs,

My Grand Father and Grand Mother(Fathers parents) has 3 sons and 1 daughter. I am the son of elder son. My father died at my early age. While doing partitions of the properties, my grand father gave two plots to two sons. (Other than my father) and they constructed houses in them and living happily. Now for my father and daughter( my fathers sister) my grand mother registered a will partitioning a house on my name and my fathers sisters name. For my father we are two, me and my sister. Since the will has given on my name, I invested my money on the house and modernized. I was paying taxes on the house since about 30 years now. The mistake i did was like I have not changed the name of my grand mother on the power bill. Now after this many years, the younger brother of my father called me on phone asking me to return the will( registered by my grand mother) of my grandmother as he got a will which is on subsequent date. I told firmly that I can not return it as the house is in my procession since 30 years. He was saying the subsequent will which he got is on my sisters name. and not my name. most importantly , during our education, me and my sister applied for an educational loan where it was given clearly that i am the owner of the house with extent value. Out of all these, there was a name spelling correction in my tax bills which was coming from a long time. I requested the corporation authorities to correct the name spelling, but in response to this request the corporation authorities ( may be influenced by my fathers brother) did a fresh mutation on my spelling mistake name to proper name. Now my question is do I need to keep this mutation or request them to revert it back? After the mutation my name is appearing properly but as this is a fresh mutation I am not clear that in future do I get any issue out of this. If I ask for revert of this mutation, my name will go spelling mistake and again I need to ask for name correction. Is it correct to do mutation ( Title transfer of property) from wrong spelling name to correct spelling name. Kindly advice. As it is a fresh mutation, is there a chance for my sister to come forward and apply with the later date willl and took over my property ? I m completely tired of looking for a lawyer advice and now posting this issue here. Kindly advice and help me to keep this only property I have.

Thank you.


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     05 March 2023

If on the basis of the Will, you have acquired the property bequeathed through the said Will, and have taken possession as well as enjoying the same for the last 30 years, without any interference or hindrance then you will become an absolute owner with clear and marketable title to the property by the virtue of the Will.

In fact the bank has provided loan also on the property taking it as collateral considering your title to the property   This is an adiitional evidence to prove your title.

Besides, the old as well as the new mutaiton records lying on your name also establishes your title to the property, hence you do not have to respond to your uncle's pressure tactics.

If at all he has any grievance over this, let him approach court for getting the relief, you can challenge the suit properly on the basis of evidences and merits in your support and get the case dismissed. 

1 Like

Dr J C Vashista (Advocate)     06 March 2023

How did your grandmother acquire title for bequeathing the property through "will" stated to have been executed ?

The property is stated to have been partitioned by your grandfather which has already passed in the hands of his children (2 sons except your father), isn't so ?

Payment of property tax do not have any affect on title (ownership).

Confusing facts.

It is better to consult a local prudent lawyer for analyses of facts / documents, proper advise and necessary proceeding.

P. Venu (Advocate)     28 April 2023

"I m completely tired of looking for a lawyer advice and now posting this issue here. Kindly advice and help me to keep this only property I have."

No lawyer can assist you so long you are posting disjointed and confusing facts. More than you, it is the lawyers who are getting tired.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query