challenging mutation

Querist : Anonymous (Querist) 02 August 2010 This query is : Resolved
Dear lawyers,
I am a married woman of 57 yrs age.My Father died intestate 4-5 years back.I have a younger married sister aged 42 yrs and younger married brother with 2 minor children. My brother got transfered all the properties of my father in his name and died.On his death his wife got them transferred in her name. Me and my sister had signed on some white papers ( not stamped or any bond paper or any officiall printed form etc.,)We feel we were cheated by our brother who is no more now. Now, can we challenge the transfer or the mutatation.
Under what provision of and sections? and do we have to pay the court fee on the valuation of the properties running into crores of rupees. Please advise the best way to go about.

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Y V Vishweshwar Rao (Expert) 02 August 2010
If you have not relinquished your share in your father'sProerty , mere mutation in the name of one Family memebrs in Tax Records , can not deprive your rights.
You can file a suit for partition of proerties of your late father in equal three shares/ one to you /and another to your sister/ and another to your Brother - late- represneted by his wife & 2 minors. /

However the facts of the case with referecne to documents mentioned in your query to be verified - it is better to contact local advocate and Verify the records of mutation and make it clear what documents you have signed for mutation and proceed according to the advise of local Senior Advocate !

s.subramanian (Expert) 02 August 2010
yes. i agree with mr.rao.

Kiran Kumar (Expert) 02 August 2010
I agree with Mr. Rao

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