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rocky (manager)     01 April 2010

mutation query

Hi,

Ms X's grandfather has a plot in punjab. He expired 20 years ago. He had 3 sons and a daughter who was ms X's mother. She and her husband expired around 5 years back leaving three daughters, all married. now Ms X has two sisters. Now the three uncles want to sell the plot. They are asking for an affidavit from each daughter of the predeceased sister stating that they have have no objection if the names of my maternal uncles namely A, B,C  be entered in place of my grandfather Late Shri Z.

X and her two sisters have refused to sign it but now the uncles are counselling that don't doubt them, it is only needed for the purpose of property tax and they will get some benefit. They claim that the three sisters will retain their share and will be given their entitlement. Please answer the following:

1. can't the property be mutated in name of all legal class 1 heirs?

2. NOC affidavit for mutation purpose will have what language? we have no objection if the said property is mutated in favor of  OR we have no objection if the said property is transfered in name of sh....

3. Is it ok to give such an affidavit and still have the fair share in the property as per the succession law.

4. What is the scope that after land is mutated in favor of uncles the three daughters of the predeceased daughter lose their share in the ancestral property?

Please suggest the best course of action so that the three sisters retain their share in the property.




Learning

 2 Replies

bhagwat patil (Property due diligence 9422773303)     02 April 2010

all granddaughters have right in the property . it is their own discision to excirse it or not.they may release the right by taking monetory benefit.the family  matters r to be setteled bymutual understanding.legaly they have right .u can ensure it by entering their names in record of rights. if all they aleady exists then take the copies periodically .

 

 

rocky (manager)     02 April 2010

So the three granddaughters (daughters of the pre deceased daughter) should insist on their names being included in the mutation instead of agreeing to only their uncle's names being included in place of their grandfather's name to safeguard their interest in the property. Am I right in inferring this?


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