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k (g)     14 May 2010

Mutation and Legal Heirs

Recently my mother passed away. My father is still alive. I have one sister (who is married and she also has one daughter)

My mother owned some land in Delhi. We have been advised that we should get her property mutated. She died without leaving a will. We have been advised that her property will pass on to her legal heirs. My question is :-

1) who are my mother's legal heirs? My father or is it my sister and me?

2) what is the process of mutation and how should we go about it? Specially if we would like the property to be transferred to my father?

3) is their a time limit within which this mutation process should be started after the death of the owner (my mother)



Learning

 3 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     14 May 2010

Dear K

Your Father, yourself and your sister will become the legal heirs of your mother.

if your sister and yourself agrees to give release your shares in favour of your father or no objection being the legal heirs for getting mutation, then it is enough for getting name mutated. There will not be any limitation of time for getting muation of name in municipal records.

S.A.NARASIMHA RAO KARRI

ADVOCATE

Vinod kashyap (Advocate & Legal advisor)     14 May 2010

i do agree with mr. rao

k (g)     14 May 2010

thank you for your reply! i understand much better now.

one more query is coming to mind.

suppose we give our consent, and the property is mutated in our father's name. upon his demise, will we be the legal heirs of this property? can their be any other claimant to this property other than us two sisters upon his demise?

is there any way we can get this property mutated to our father's name during his lifetime; and upon his demise to us sisters alone?


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