mutation
Querist :
Anonymous
(Querist) 01 April 2010
This query is : Resolved
If a property is mutated in favor of only a few legal heirs do the others lose their title to the property? can the property be mutated in favour of all legal heirs instead of only a few? if one gives an affidavit that he has no objection if the name of another heir apppears in place of the deceased owner, does it means that he loses his share/he has relinquished his share in favour of the other heir?
Raj Kumar Makkad
(Expert) 01 April 2010
No. Not a single legal heir can relinquish his share by the way mentioned in the quarry. The property shall be mutated in favour of each and every legal heir of deceased person and thereafter if anyone of them wants to relinquish his share in favour of other legal heir/heirs then he may do so by way of various available means like execution of relinquishment deed, gift-deed, family settlement, sale-deed etc.
Parveen Kr. Aggarwal
(Expert) 01 April 2010
After the death of owner of an immovable property, all his legal heirs succeed unless the deceased had executed will excluding some or any of them. No legal heir can relinquish his or her entitlement by simply furnishing an affidavit. Section 17(1)(b) of the Registration Act, 1908 provides that any right, title or interest in any immovable property exceeding Rs. 100 can be created, declared, extinguished, assigned etc. only by way of a registered instrument. However, a case of family settlement stands on different footing. Nonetheless an affidavit is not sufficient for a legal heir to relinquish his entitlement.
In case a mutation has been wrongly entered not incorporating names of all the legal heirs, aggrieved person can get the same right through legal proceedings. Mutation neither confers title nor title is taken away by wrong mutation.
adv. rajeev ( rajoo )
(Expert) 02 April 2010
Only some legal heirs names are appearing in the mutuation register it does not mean that other legal heirs have no rights. They can file an application to enter their names to the property.
Only mere filing of an affidavit to give up the rights over the property is not sufficient. There should be regd., rights relinquish deed, otherwise he/she can claim their share at any time.
