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Common Man (Occupation)     07 September 2016

Mutation of property

Dear Lawyers,

 

Can you please throw some light on mutation of property, its procedure and time taken for mutation? Before mutation is done, will the authorities ask for any objection from class one heirs for a gift deed of a self acquired property which is already registered?

 

Regards

Shiva



Learning

 6 Replies

binay (advocate)     08 September 2016

Mutation of a property mostly took 6-12 months, if everything is well. Yes notice has to be served. If it the gift-deed property is self acquired by the vendor, then there will be no problem, but his heirs must be noticed, they may appear may not, but the notice has to be served. Consult a local Lawyer

G.L.N. Prasad (Retired employee.)     08 September 2016

I know several cases where the mutation of even litigation property was done within a month by Corporation.  It gives the idea of the procedure.

One has to visit the Municipality / Corporation office, file the mutation applciation, with copy of the sale deed duly certified, with copy of no tax dues and pay the prescribed fees.

The time frame for any work with government authority as per citizen charter is 30 days.  If there is undue delay, one can file RTI Application and seek information for the reasons on delay.

The authorities are not concerned into title of the person and will go through only document and mere mutation can not give any ownership rights to any party.

P. Venu (Advocate)     08 September 2016

Please state the real problem. Please note that entries in the Revenue/Municipal records do not necessarily constitute title to the property.

Common Man (Occupation)     08 September 2016

Dear Lawyers,

Can the children of deceased person who gifted his self acquired property (unconditionally) to one of the children which is registered challenge in court? We got thumb impressions of his on a stamp paper stating that the gift has been done by fraud when he was hospitalised but that person is no more. Is there a way to revoke the gift deed because the donor is not alive anymore. Please suggest how to proceed.

 

Thanks & Regards,

Shiva

G.L.N. Prasad (Retired employee.)     09 September 2016

Now the thread / post has taken a different twist from mutatin to fraud.  Please confine to one subject in one post, and open another thread/post for different issue.

If you can establish through medical records that your father is not capable of applying his mind and medically unfit, and if the witnesses depose against your brother, you may succeed.  But the chances are less.

One can file a declaration suit, seeking for cancellation of such gift deed as it was obtained by playing a fraud.  Contact your advocate as he can guide you on essential documents required.

1 Like

Common Man (Occupation)     09 September 2016

My apologies sir. Thank you for your valuable advice. Regards, Shiva

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