Biswajit (In-Charge) 05 June 2016

Name transfer is incomplete

Dear sir

Please show us the solution...

My father along with his uncle purchased a land in equal proportion in 1979. Later my father purchased his uncle's portion without transfering name. In the year 2006 his uncle suddenly demised leaving his wife, 2 sons and 2 married daughter. After discussing a lot with his heirs 4 out of 5 happily transfered the name of the property but 1 son has denied to sign in the name transfering deed. More to inform you, we are dewelling in the property from the starting and my father's uncle with his family have been residing in their another property in some other place. The master land deed is with us.

Now we want to do the mutation of our total land including the untransfered (1/5)portion.

Please educate us the process to complete the mutation work of the total land legally.

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9 Replies

Kumar Doab (FIN) 05 June 2016

What is this ' name transfering deed'?

The land shall first mutated in the name of legal heirs.

Once they attain the status of owner/equal to that of an owner they can dispose in any manner by a valid deed.

The share of unwilling son can't be disposed without his consent.

Biswajit (In-Charge) 05 June 2016

By name transfering deed I want to mean they have signed in the land sale deed.

As the already signed the deed so it cannot be mutated in their name. now what is the way to get the land mutated in my father's name.

If my father gift the entire land to my mother, then can the share of the unwilling son be deemed or shown as disposed?

Kumar Doab (FIN) 05 June 2016

The land shall first mutated in the name of legal heirs. For which the death certificate and legal heir certificate/affidavit etc as acceptable to revenue authority is to be submitted. Once inheritance is mutated in the names of legal hiers they are on record.

Once they attain the status of owner/equal to that of an owner they can dispose in any manner by a valid deed.

The share of unwilling son can't be disposed without his consent, or until he signs the sale deed for his share.

To avoid future issues let your abel counsel specializing in family/property/reveneu/civil matters and well versed in local laws guide you and draft all deeds.

Your counsel could have opined to partition by mentioning sides and measurements etc.....

Approach an able counsel.

Biswajit (In-Charge) 05 June 2016

But we dont have any relations with them. So how the mutation can be done in their name. Neither we have the death certificate.

what is the solution then?

Kumar Doab (FIN) 05 June 2016

If you do not have any relation with them then how could you bring them (4 Legal heirs) to sign sale deed?

The legal heirs have to provide the death certificate and apply for recording inheritance in mutation records.

Your able counsel specializing in family/property/reveneu/civil matters and well versed in local laws can guide you, further.

Biswajit (In-Charge) 06 June 2016

4 legal heir already signed the sale deed in 2007. We are having that land deed. So that portion can easily be mutated in my Father's name. isnt it?

My question is : My father is having the orginal joint Land deed and now also the sale deed of his uncle (heirs) without the 1/5 th portion of the unwilling son. Can the whole land be mutated without informing the unwilling son. If my father gift the whole land to my mother just for the sake to wipe off the name of his uncle and his heirs from the land deed, is there any problem?

Kumar Doab (FIN) 06 June 2016

Last Reply:

The share of unwilling son can't be disposed without his consent, or until he signs the sale deed for his share.

Your able counsel specializing in family/property/reveneu/civil matters and well versed in local laws can guide you, further.

Biswajit (In-Charge) 06 June 2016

As I said you that we dont have good relations with them. So we cannot approach to them. Please tell us the alternative solutions to get mutated of that portion.