MONICA 16 November 2016

Property from ancestors

Hi Sir/Madam, I would like to ask one question regarding property from Ancestors My father has a property in his name which he got from my mother’s parents , he passed away 3 years ago without leaving a will. As I know, not sure am I 100% right that this property should now distributed equally in his kids and wife my question is that - is mutation is necessary in my mother’s name If yes , do we have to surrender our share in our mothers name for mutation ( we are 4, bother and sister )? And after surrendering our share in her name- will she be the only owner of the property ?? will she be able to give property to any one ? And also is mutation is compulsory and is there any time frame to do this ? thanks

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NANDKUMAR B SAWANT (ADVOCATE./LAWYER) 22 November 2016

kindly note that.

1. the said property lastly was registered on property records in the name of your father

2. After the death of father , you may apply to the relevent authorities enclosing copy of death certificate to add names of all legal heirs of your father on property records.

3. but in case only mothers name is to be added with no objection from sons and daughters then the relevent authorities will issue notice to all legal heirs and if no objection given ,then the property will be registered in the name of your mother.

kindly note that the applicability of local law provisions if any may kindly be considered please note.

good luck.