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...

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Quick Summary

A buyer is concerned about purchasing a property portion from a brother whose name is on the mutation order, but the original registry is in their deceased father's name. The siblings have informally partitioned the property. Experts advise obtaining a legal heir certificate and registering the property in the siblings' names first. Consulting a local advocate for a partition deed and newspaper publication is recommended, ensuring vacant possession before finalising the sale deed.

5 Replies

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.

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