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Reyansh Dwivedi (Corporate job)     17 July 2022

Selling on mutation order

Hello sir / madam, 

I am buying a property in Lucknow which is registered on the name of seller Fathers name  but father is no more and mother is also dead...now there are two legal heirs one brother and one sister..After parents death, with mutual understanding both siblings has separated their house as 50-50% of the land and on record both the houses are separate now..now I am purchasing one portion from brother as he is having only original registry copy of that portion, mutation order has been passed from municipal council this month on his name..All the bills like house tax, light etc are on his name..is he entitled to do the registry of that portion which I am buying from him on the basis of only Mutation order..as till now on record only father name is mentioned on portal   please suggest what to do in that case...



Learning

 6 Replies

Hari Shankar   17 July 2022

Here in your issue First they have to apply legal heirs certificate and registration on them in sub registrar office. After that one portion of property should be names on siblings after the names change on record only!!!!!
you have buy that one portion of property.

If you buying that property it's not comes as valid registered.

I'm H Hari Shankar High court Advocate from Telangana further details contact me:9394002002

G.L.N. Prasad (Retired employee.)     17 July 2022

Contact a local advocate (Preferably working for a PSU Bank)  for showing the seller the partition deed and  he may suggest further precautions and newspaper publication.  But ensure vacant possession before finalization of regular sale deed.

P. Venu (Advocate)     17 July 2022

On the demise of the parents, the property is duly vested with the children, who are the only legal,heirs. And an oral partition among them is legally sustainable, in spite of being unregistered. However, there could be constraints in availing of loan from financial institutions.

1 Like

Dr J C Vashista (Advocate)     18 July 2022

I fully agree with the opinion and advise of expert Mr. P Venu.

Reyansh Dwivedi (Corporate job)     18 July 2022

May I have your no sir..P venu

P. Venu (Advocate)     19 July 2022

Olease visit my profile


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