Property

Querist : Anonymous (Querist) 04 January 2012 This query is : Resolved
hi,
one of my friend has a ancestral property, her father has died and she shares this property with her mother, elder brother and one sister who is married..recently her mother got mutation of the property and his brother, sister and herself made her mother the only owner of the property...i just want to know, Is her right in the property is secure or not?

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M.Sheik Mohammed Ali (Expert) 04 January 2012
it is not secure. first all are get partition thereafter give as your wish's

Adv Ankit Gupta, 09812153530, (Expert) 04 January 2012
If any person died without making any will than his all movable and immovable property comes to his ist class legal heir under indian succession act. And if ur frnd get property after succession than she hv full right in his share and everyperson can sell not more than his/her shere. And she should also record mutation on her name.

Advocate M.Bhadra (Expert) 04 January 2012
If a person died intestate(without making a WILL)left any property in his own name or acquired inherited then all his legal heirs and successors( firstly upon wife,sons and daughter) have equal right.

Rajeev Kumar (Expert) 04 January 2012
If a person died intesate then the property will be distributed among all heir and successor

Devajyoti Barman (Expert) 04 January 2012
Mutation does not establish sole title on a property.
Your friend has not lost her share in it.She can claim it thorough the court of law by filing a suit for partition.

prabhakar singh (Expert) 05 January 2012
Mutation does not establish ANY title on a property.The sole purpose is who shall pay taxes but it is a relevant evidence of possession if stands over continuously for a long time and if not rebutted may aid to prove adverse possession against the owner.Hence hurry up without wait.

Shonee Kapoor (Expert) 06 January 2012
Rightly advised by Ld. Mr. Burman and Mr. Prabhakar.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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