Mutation of Joint property
8 months ago
A house that is registered jointly in the name of my Mother and Father has to be applied for mutation in my name and for the same I need to state the following
That my mother expired in 2016
That my father expired in 2023
That in the family we are 3 siblings, i.e. myself and 2 elder sisters (all married)
That the house I am living in was bought by my parents and was registered in their names jointly
That my father wrote a will in which he sought all his assets to be transferred in my name without giving any share to my sisters.
That the assets also includes this jointly registered house in question
That now I want to get the mutation of this house done in my name, but have been asked by the authority to seek an NOC from my sisters too for this.
That I want to know if this is legally required?
A.Dear Client,
The Hindu Succession Amendment Act, 2005 granted equal rights, duties, liabilities, and responsibilities to daughters that were earlier limited to sons. This also means that the daughter's right to both coparcenary and self-acquired property is legal and cannot be contested in Court. Therefore, it is irrelevant whether her father was alive or not or whether she was married or not on the cutoff date of the amendment i.e, September 9, 2005. However, if the father is alive and has transferred his self-acquired property to the sons or grandsons, then the daughters have no right to claim it. If the father died and the property has been transferred through a will, then the daughter may challenge that will in court on valid grounds if any. Section 61 of the Indian Succession Act, 1925 expressly states that a will which has been caused by fraud or coercion, undue influence or any importunity which takes away the free consent of the testator is void. Any will that has been made in the absence of the free will of the testator can be challenged. There are no criteria or qualifications in the Hindu Succession Act for married or unmarried daughters. In this way, whether the daughter is married or unmarried, she gets equivalent rights in the mother's self-acquired property alongside her sibling. Therefore, when a property is jointly owned by parents, a Will is required to be executed either singly or jointly disposing of the property. In the given situation, if your mother passes away leaving her share in the jointly owned property intestate, then all the surviving legal heirs including your sisters are entitled to an equal share in the said intestate property. In a jointly owned property, a single owner cannot transfer the title in the property of the co-owner who passes away intestate. If your deceased father executed a will bequeathing a jointly owned property in your favour, your sisters can challenge the said Will before the Court claiming their share in the property. That's why, the mutation authority asked for NOC from your siblings( two married sisters) to issue the Mutation Certificate of jointly owned property in your favour.
The Hindu Succession Amendment Act, 2005 granted equal rights, duties, liabilities, and responsibilities to daughters that were earlier limited to sons. This also means that the daughter's right to both coparcenary and self-acquired property is legal and cannot be contested in Court. Therefore, it is irrelevant whether her father was alive or not or whether she was married or not on the cutoff date of the amendment i.e, September 9, 2005. However, if the father is alive and has transferred his self-acquired property to the sons or grandsons, then the daughters have no right to claim it. If the father died and the property has been transferred through a will, then the daughter may challenge that will in court on valid grounds if any. Section 61 of the Indian Succession Act, 1925 expressly states that a will which has been caused by fraud or coercion, undue influence or any importunity which takes away the free consent of the testator is void. Any will that has been made in the absence of the free will of the testator can be challenged. There are no criteria or qualifications in the Hindu Succession Act for married or unmarried daughters. In this way, whether the daughter is married or unmarried, she gets equivalent rights in the mother's self-acquired property alongside her sibling. Therefore, when a property is jointly owned by parents, a Will is required to be executed either singly or jointly disposing of the property. In the given situation, if your mother passes away leaving her share in the jointly owned property intestate, then all the surviving legal heirs including your sisters are entitled to an equal share in the said intestate property. In a jointly owned property, a single owner cannot transfer the title in the property of the co-owner who passes away intestate. If your deceased father executed a will bequeathing a jointly owned property in your favour, your sisters can challenge the said Will before the Court claiming their share in the property. That's why, the mutation authority asked for NOC from your siblings( two married sisters) to issue the Mutation Certificate of jointly owned property in your favour.
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A.Dear client,
A registered WILL is final & irrefutable PROVIDED it is not challenged. All the residual legal heirs are bound by such WILL, UNLESS the WILL is challenged. 2. There is no need to take NOC from any of the legal heirs, PROVIDED the will was duly registered.
A registered WILL is final & irrefutable PROVIDED it is not challenged. All the residual legal heirs are bound by such WILL, UNLESS the WILL is challenged. 2. There is no need to take NOC from any of the legal heirs, PROVIDED the will was duly registered.
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