transfering/ Selling property without mutation and freehold

Querist : Anonymous (Querist) 25 January 2011 This query is : Resolved
My father willed his self acquired property to my mother for her life time use and after her demise to my brother and me. My mother passed away in 1996 and my brother is not ready for getting the property mutated. I want to know if I can sell or transfer the portion bequeath to me to a real estate agent or a builder right now. The property is yet to be mutated in our names and is on lease hold.

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Guest (Expert) 25 January 2011
YOU MAY SUBMIT APPLICATION FOR ADDING YOUR NAME TO THE SAID PROPERTY RECORDS .ALSO ENCLOSE COPY OF DEATH CERTIFICATE OF YOUR FATHER AND MOTHER.ALSO PRODUCE COPY OF YOUR RATION CARD DISCLOSING NAMES OF ALL FAMILY MEMBERS IN THE HOUSE. THE SAID OFFICE WILL ISSUE NOTICE TO ALL OTHER FAMILY MEMBERS AND IF NOT OBJECTED YOUR NAME WILL BE ADDED TO PROPERTY RECORDS.
YOU HAVE NOT MENTIONED THE PROPERTY WHETHER HOUSE OR LAND.KINDLY NOTE THAT IN CASE OF HOUSE PROPERTY YOU HAVE TO APPLY TO CITY SURVEY OFFICE AND IN CASE OF LAND YOU HAVE TO APPLY TO COLLECTOR OFFICE AND TALATHI AND OTHER LAND RECORDS OFFICE IN THE SAID AREA.GOOD LUCK.

Querist : Anonymous (Querist) 25 January 2011
Thank you sir, but my brother will not give consent ever. In such a case can I transfer my rights of bequeathing the defined portion to someone else?

pritamsaini (Expert) 25 January 2011
if you want specific portion then you first go for partition

Vinaya More (Expert) 25 January 2011
whatever property you received by will(testamentry) is become your self acquire property so you can sell your portion.

and for mutation you demarcate your portion of proeprty and make separate 7/12 extrat or property card extract and you can make your separate muation entry.

In above case builder can help you.

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