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shiva kumar   18 July 2020

Mutation property issue

Hi, My Grandfather bought an agriculture Land in 1976 , He has 5 daughters(Aunts) and 1 Son(my father).my Grandfather passed away in 2008 without writing any will, so in 2019 my father registered the land(mutation) on his name where my grandmother had signed it. Where all the aunts were aware about this and hasn't raised any objection during registration, but hasn't taken the Noc from them written. In 2020 my father has passed away and now my aunt's has filed a complain from collector office that they also need the share while transferring the property to my mother. 1. Can my Aunt's stop the mutation process to my mother.? 2. Will they have the right to ask even after registered on my father name?


 4 Replies

Sunayana Chhabra   18 July 2020

Yes, they have the share in their father's property and mutation done in your father's name alone was wrong as per law and can be challenged by them. Feel free to contact at sunayana122@gmail.com for further assistance.

Dr J C Vashista (Lawyer)     18 July 2020

Originally posted by : shiva kumar
Hi,

My Grandfather bought an agriculture Land in 1976 , He has 5 daughters(Aunts) and 1 Son(my father).my Grandfather passed away in 2008 without writing any will, so in 2019 my father registered the land(mutation) on his name where my grandmother had signed it. Where all the aunts were aware about this and hasn't raised any objection during registration, but hasn't taken the Noc from them written. In 2020 my father has passed away and now my aunt's has filed a complain from collector office that they also need the share while transferring the property to my mother.

1. Can my Aunt's stop the mutation process to my mother.?
2. Will they have the right to ask even after registered on my father name?

All of your aunts (bua) has a share equal to your father in their father's intestate property . They can and have their claim, interest and right in the property.left behind by your grandfather.

Mutation can not be sanctioned  solely in the name of your father. 

G.L.N. Prasad (Retired employee.)     18 July 2020

Even when there was a mutation, he represents the interest of the entire family and he is just a custodian/trustee for all other legal heirs.  Mutation can neither create nor destroy any rights and just evidence of possession.   Even enjoyment of property exclusively by your father is also not a valid ground to claim entire property as his own when there are legal heirs/co-sharers.

1 Like

P. Venu (Advocate)     18 July 2020

Yes, the property has been jointly vested with the all the legal heirs of your grandfather i.e. the grandmother and all their children. The mutation had not created any exclusive rights for your father nor had deprived the other legal heirs of their rights in property.


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