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Pradeep (Service)     19 March 2013

Mutation

I have received property from my mom by way of Gift deed. My brother has raised objections though he is enjoying the benefits of another property of equal value. He has filed a complaint at the local village and taluk office to stop the mutation of the said property. The village office have not mutated the property basis the complaint given by my brother though my mom has given a counter letter to the taluk and village office stating that the said property in question is not an ancestral property and that the mutation should not be blocked. But this request was not considered by the taluk or village office and the property has not been mutated in my name yet since one year. What should I do now. Should I approach the court?



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 1 Replies

elgin matt (consultant)     19 March 2013

Dear pradeep, I am presuming that the property is registered in the name of your mother. In which case your mother's affidavit addressed to tehsildar that she has gifted the property should be considered as sufficient to allow the transfer of property in your name. However it appears that the tehsildar still seems to be confused with regards status of property whether it is self aquired or ancestral. Given the confusion your analysis of seeking court intervention may just be correct. The only fact to remember is that filing a writ petition before the high court is preferable only if your papers are in order. If not then it then appeal before the financial commissioner or appropriate authority under the respect state law will have jurisdiction. Adv. Elgin Matt John www.elginmattjohnandassociates.com
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