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Bappaditta (AM)     18 November 2013

Mutation related

Dear Sir,

My father had purchased a Land in 1986 in Kolkata ,The property was purchased jointly on My fathers name ,my mothers name and in my Grand mothers Name .  My grand mother is having 4 legal hiers my father and my three aunts , I am the only son .

Subsequently after my grandmoter expired the property was mutated in my fathers name and my mothers name ,and after my fathers death again got mutated in my name and my mothers name .The First mutation activity was done at a time when I was a minor and hence i dont have sufficient information as to what documents were produced when the property was mutated ,As the process was helped by one of my Uncle (My Grandmothers Son in Law ) and we used to sign papers as per his instructions in good faith . Also we are not sure whether there was any WILL created or any subsequent registration happened but they had signed many papers which also involved money and going to court for signing .

Now I want to construct a property on the same land as per a sanctioned plan ,but I am confused whether to go ahead or not since the main deed is on my grandmothers name and I have no idea of what happened between till the property got mutated in my name ,Please advise .

Also requesst your advise on whether I can commence the construction without having any NO Objection certificate from the other legal hier ,also whether they can claim the property subsequent to the construction even if the individual stake is only 1/3*1/4=1/12 since the property is not so big and it might not be feasable to allot the individual share.

Thanks in advance ..



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     20 November 2013

If the property has been registered on your name while mutating the same, you have entire rights over the same, but if you have not done so, you may have to obtain release deed from all the surviving legal heirs relinquishing their rights and interest in the property, then go ahead in registering the property in your name and proceed with the construction work.

1 Like

Bappaditta (AM)     20 November 2013

Sir,

Is there any mechanism where I can find out whether the property has been subsequently registered in my Name and my parents name or Not from court or otherwise ,as we dont know the status ,and also my uncles are insisting me to go for constuction .

Also In case I start the constuction work without their written consent or deed what type of legal consequense will I face .

Thanks

Bappa

T. Kalaiselvan, Advocate (Advocate)     20 November 2013

Mr. Bappaditta,

You may obtain an Encumbrance certificate for last 30 years from the jurisdictional registrar office quoting the survey number of your property from which you can find out the latest transactions/encumbrances over the property and also on whom the title vests now.


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