Can son claim ownership when entered in mutation with father

Father bought the property jointly.  So for the share of the father, all the legal heirs including the son who is a joint owner have equal share over the 1/2 share of the late father.

No father bought the property only in his name. Its just that while going to mutation office son also was available so his name was also added. Sale deed is only in name of father. Don't know how name of that son is appearing in mutation entry. Does that make him owner after father's death?

A claim to a property cannot be made based on just the mutation entries in revenue records. A claim made by one son over the property will not trump any other claiss made by legal heirs based on mutation entries of the property in revenue records.

Mutation entries in the local revenue records of your municipality help the authorities ascertain the tax liability and help the owner acquire utilities like running water and electricity. The process of mutation is done usually after registration of the property (in your case, the legal heirs)

Mutation entries of property in revenue records does not create or extinguish any title and do not presume any value of ownership over any land or property. These entries are solely for the purposes of tax and to ensure that the land revenue is paid by the right person.

Thanks for your reply. Sir, actually that son is using it as his father's last intention to give him the property ownership though no proof of it as such apart from the mutation entry. So can that sustain without there being any Will document?

First file RTI application to the authority that mutated the property asking for certified copies of all documents basing on which additional name was added (son's name).  Mutation can neither get a good title to the property nor helps any co-sharer that is entitled to lose his rights on the property of the deceased..  To get a valid legal title a proper will or settlement/partition deed is only essential and relevant.  Because someone's name is appearing in mutated records, he can not become the absolute owner.  In the case of the co-sharer, he is a trustee for all other co-sharer and mutation entry confirms possession of the said property for him and as trustee for all other co-sharers.

Mere entry in the revenue records does not constitute title to property.

Mutation can not be sanctioned as stated by you.

Mutation and title (ownership) are different where mutation is based upon title.

Mutation do not confer title.

Intestate property of deceased father shall devolve equally among all of his (father's) legal representative which include your mother and siblings. 

Dear Vijay Shankar,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer to your question is NO. The son cannot claim complete ownership of the property.

What must be understood here is that having your name on the mutation records does not give you the right to claim the whole property. In this case, the property was registered under the name of the father and the son, meaning they are co-owners of this property. They both have equal claim of share in this property. As per section 44 of the Transfer of Property Act of 1882, the co-owners of a property have equal rights to enjoy and dispose of their property. If they are deprived of this right, they have the right to reclaim it.

Mutating a property to your name only means that your name is entered as the owner of that property in the records kept by the government. Mutation has to be done after the registration of the property, i.e, after transferring the property to you. Both mutation and registration are connected and both are necessary to complete the ownership of the property.

Here, since the father is a co-owner to this property and his name is on the mutation records, he has the right to claim his share of the land. Unlike in many western countries, upon the death of a co-owner, the other owner does not automatically get complete ownership over this property. Instead, the property devolves to the legal heirs of the deceased as per the Indian Succession Act or the Hindu Succession Act, whichever is relevant.

I hope this helps. Thank you for your time and patience!

Regards,

Aadil