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amiteshkumar   19 June 2015

Sale of property without mutation

I have a property in my husband's name who is deceased in jharkhand.Can I sell the property without mutation in my name.The property is in possession of a third party since very long.Plz help.


Learning

 2 Replies

saravanan s (legal advisor)     19 June 2015

you cant make a transaction in the name of a deceased person

RAVI K GOUD (ADVOCATE)     19 June 2015

Madam, 

First of all you have to give all the details of your family like your family members (sons, daughters etc), property is self acquired or ancestral , and the property is registered on whose name etc. You have given the details of property whether agriculture land or residential/commercial plot.

The solution for your problem is 

1. If it is self-acquired property only your family members (you, your sons & daughters, grandsons & g.daughters) are the legitimate holders of rights on the property.

2. If it is ancestral, your husband's parents, brothers and sisters are the coowners if there is no partition between the family members.

So the property shall be registered on the names of the persons entitled and then they can sell or transfer the property according to their wims and fancies. 

3. If it is land you shall apply for mutation in ROR (Records of Rights) before Revenue dept.

4. Check the rights of the persons who are in the possession of the property, If they donot have any right over the property, go to police station and give complaint for the dispossession or/and you can file a case before the civil court for injuction and declaration of title.

5. Importantly, before filing the complaint/case, it is better for you to have all documents mutated in your favour and after having these on hand you can proceed further.

 

If you have further doubts please call on 9246101414 / 9849101414

Ravi K Goud

Advocate

 

 

 

 


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