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Adv Vikramsinh Mohite (Advocates & Corporate Legal Consultants)     03 September 2012

Mutation in 7/12 after 13 years

Dear Friends,

 

I request your advise on the following:

1. Our grandmother has 3 acres land in her name. In August 1999, Court passed decree dividing property into 4 brothers on the joint application of all the family members. Each was given possession of the property.

2. After decree, I tried for mutation but one of the uncles resisted. I gave up afterwards as all were of the view that mutation will not be done till grandparents are alive.

3. But over the last 4-5 years, one of the uncles borrowed loan on the said property by forcibly taking signature of grandmother.

My query is

1. Can we get the mutation of entry done in 7/12 on the basis of that decree

2. what will happen to the loan taken after the decree which is used by one of the uncles for building house

3. Will the loan pass on to all the owners. What is the remedy available to other family members.

Thanks



Learning

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