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Vijay Shankar   18 May 2021

Can son get property in his name on mutation basis

Father purchased a property and in sale deed got his son as a witness signatory. Later the Father got himself and his son entered in the Mutation entry Lank Bank records.
Now,
1) Can the son having name in the Mutation entry and also signatory as withness in purchase sale deed, claim the property be transferred in his name of its basis ?
2) Also, the father did not leave any will for that property so can other son and daughter claim any right on the property ?


Learning

 3 Replies

G.L.N. Prasad (Retired employee.)     19 May 2021

Mere mutation in revenue records can neither get nor remove a title on the property.  All legal heirs of your deceased Hindu father are entitled to an equal share.  (Wife and all children).  In other words, you are just a trustee in possession of the intestate property that remained undivided, and the other son and daughter are having equal rights with you, and being a witness or having a mutation in your name can not get you a single rupee additional benefit.  The transfer of a property can only be legally enforceable through a registered deed (Gift) or will or settlement deed etc.

P. Venu (Advocate)     19 May 2021

Mere mutation does not amount to creation or extinguishment of title.

It is seen that you have made many a posting pertaining to one and the same issue. What is the real issue?

T. Kalaiselvan, Advocate (Advocate)     19 May 2021

Mutation records are not title documents.

By merely signing as a witness in the sale deed, one cannot claim title or share in the property.

Son's claim for a share is not legally valid and it can be termed as an illegal act. 

 

 

If the original owner of the property died intestate then the property left behind by him shall devolve equally on all his legal heirs  hence other legal heirs are entitled to their legitimate share in the property. 


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