Mutation of the dda flat

Yes you all brothers have equal right over the property left by your father,Get mutation in name of you all brothers in DDA and then you all can sell .

Its better mutation us done in the name ifcall brothers abdcwgen flat is sold, the amount can be shared equally.

Thanks Goyal Sir for reply.

Its better mutation us done in the name of all brothers and wgen flat is sold, the amount can be shared equally.

Dear Mr. Nanda ji,

Before initiation of any action you are required to obtain Surviiving Member Certificate of parents from area Tehsildar / SDM.

All the LRs of your father can collectively sell the flat (through single sale deed).

Otherwise, other LRs may relinquish their share in favour of one of them, who can sell it the prospective vendee.

Thanks and regards

Thanks Sir for reply.

Dear Nanda,

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

The short answer to your question is YES. All three of the legal heirs may sell the property on mutual consent.

Mutation of property is the process of entering your name on the records maintained by the government on the ownership of that land, and is used to know the person to be taxed for that property, etc. As per the Supreme Court ruling in Sawarni v. Inder Kaur (1996), having your name on the revenue records does not give you the title of ownership over that property. Registration of property only means transferring a property to your name, and mutation of that property has to be done to get your name on all the government records as the owner of that property.

In this case, the three legal heirs of the deceased may get the property mutated to their names as it is their right to inherit this property as per the Hindu Succession Act of 1956. The property can be jointly owned by all three, and if they choose to sell it to someone upon mutual consent, they are free to do so. They may also choose to sell their share of the property to a third party if they want, in accordance with the Transfer of Property Act, 1882.

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

Regards,

Aadil