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varghese (drvargheseae@gmail.com)     15 October 2016

Partion deed

After the death of our father intestate we  have(three brothers) executed a partition deed without the knowledge of other six legal heirs secretly and got it registered, but mutation could not be done as the Village Officer refused to do so due to the non participation of  other legal heirs. Myself obtained relinquishment deed from all the six legal heirs with the help of a prominent Advocate and registered it.but my other two brothers didnt get any relinquishment deed from them. Now can I get my shares mutated with this partition deed. Please inform. regards

 



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 4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     15 October 2016

The mutation cannot be entered in parts. The mutation qua the relinquishment-deed can definitely be got entered in your name for which the permission of your brothers is not required.

Ms.Usha Kapoor (CEO)     16 October 2016

TO THE  EXTENT OF  YOUR SHARE+ THE SHARES OF  OTHER 6 LEGAL HEIRS YOU OBTAINED RELINQUISHMENT DEED FROM OTHER 6 LEGAL HEIRS YOU CAN GET MUTATION EFFECTED IN YOUR NAME. .NO PERMISSION OF YOUR BROTHEERS/OTHER 6 LEGAL HEIRS IS  REQUIRED FOR  MUTATION OF YOUR NAME IN THE REVENUE RECORDS. iF YOU APPRECIATE  THIS ANSWER PLEASE CLICK THE THANK YOU BUTTON ON THIS FORUM

Kumar Doab (FIN)     16 October 2016

Other threads by the querist:

 

https://www.lawyersclubindia.com/forum/Relinquishment-from-sisters-102125.asp

 

https://www.lawyersclubindia.com/forum/relinquishment-deed-thru-powe-of-attorney-103064.asp

 

https://www.lawyersclubindia.com/forum/Mutation-of-dhana-nischaya-adharam-140627.asp

 

https://www.lawyersclubindia.com/forum/Relinquishment-deed-mutation-143079.asp

 

 

 

 

Kumar Doab (FIN)     16 October 2016

If the facts do not differ; 

 

Then:

The death certificate, legal heir certificate/affidavit, relinquishment deed etc may be submitted to update the mutation record.

The revenue official may agree to update effect of inheritance, then relinquishment.

 

 


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