Change of name in property card
2 months ago
My father had given me a residential plot in 2005 , I have constructed house on it in 2006. Plot is in father's name in property card My father died in 2010, I have 3 brothers, who are staying in their own houses purchased with financial help from our father only Now I want to change name in property card, I want to put my name in property card I have registered Relinquishment deed signed by my brothers in 2015 My brothers have expired, my nephews are there , who will not sign any documents now. Can I change name in property card through that relinquishment deed which I have? My uncle had filed civil case against us in 2016 regarding some other ancestral property In that case I and my nephews had submitted our reply, in which we have (I and my nephews mentioned about my plot also , that this plot was given to me by my father. So that way my nephews have accepted that plot is mine I want to know through relinquishment deed and court reply ( I have true copy of their reply submitted in court) can I apply for mutation in my name in property card? Municipal property tax is in my name , electricity bill is in my name I am staying in that house only Please advise me
Thanks
A.Dear Client,
In the case of an ancestral property left by your father intestate (without a will), the legal heirs are entitled to an equal share in the property. The right to ancestral property is acquired by birth, and all surviving legal heirs, typically children, have an equal claim to the property. Ancestral property is generally characterized by being inherited for four or more generations and remaining undivided.
Until an undivided ancestral property is partitioned through a decree of partition by a Civil Court, a coparcener or legal heir cannot obtain their share in the property. Moreover, transferring one's share in the property without the consent of other legal heirs/coparceners is not permissible.
If the undivided ancestral property is not partitioned by 2015, any relinquishment deed executed by your brothers giving up their shares may become ineffective. In a civil suit filed by your uncle, where you have mentioned this property, it is included in the tag of suit property. Until the property is spared or released from the suit property through a Court's interim order, you may need to wait for the final disposal of the civil suit to file a partition suit before a competent Civil Court.
Once the Civil Court issues a decree of partition, your brothers and nephews may need to execute the relinquishment deed again in your favor. This step will make you eligible to apply for mutation of the property in your name before the concerned authorities. The legal process involved in obtaining mutation and clear title to the property may take time and involves various legal steps.
It is advisable to consult with a legal professional to ensure that the necessary legal procedures are followed correctly in your specific case.
In the case of an ancestral property left by your father intestate (without a will), the legal heirs are entitled to an equal share in the property. The right to ancestral property is acquired by birth, and all surviving legal heirs, typically children, have an equal claim to the property. Ancestral property is generally characterized by being inherited for four or more generations and remaining undivided.
Until an undivided ancestral property is partitioned through a decree of partition by a Civil Court, a coparcener or legal heir cannot obtain their share in the property. Moreover, transferring one's share in the property without the consent of other legal heirs/coparceners is not permissible.
If the undivided ancestral property is not partitioned by 2015, any relinquishment deed executed by your brothers giving up their shares may become ineffective. In a civil suit filed by your uncle, where you have mentioned this property, it is included in the tag of suit property. Until the property is spared or released from the suit property through a Court's interim order, you may need to wait for the final disposal of the civil suit to file a partition suit before a competent Civil Court.
Once the Civil Court issues a decree of partition, your brothers and nephews may need to execute the relinquishment deed again in your favor. This step will make you eligible to apply for mutation of the property in your name before the concerned authorities. The legal process involved in obtaining mutation and clear title to the property may take time and involves various legal steps.
It is advisable to consult with a legal professional to ensure that the necessary legal procedures are followed correctly in your specific case.
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A.Dear Client,
If the property is an ancestral property left by your father intestate, i.e, without any will, then all the surviving legal heirs are entitled to an equal share in the said property. An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. So, until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer his/her share in the property without the consent of other legal heirs/coparceners. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members who have received it, which gives such family members an unfettered right to deal and/or dispose of such property. If the undivided ancestral property is not partitioned by 2015, the relinquishment deed executed by your brothers giving up their shares in the property to you becomes infructuous and unenforceable. Moreover, in the civil suit filed by your uncle, you have mentioned this property which includes it in the tag of suit property. Unless the property is spared or released from the suit property by the Court by an interim order, you have to wait for the final disposal of the civil suit to file a suit for partition of this property before a competent Civil Court. Only on receipt of a Court's decree of partition, your brothers and nephews have to execute the relinquishment deed again in favor of you to make you eligible/entitled to apply for mutation of the property in your name before the concerned authorities. So, in the given scenario, you have to walk a long way to get the property mutated in your name legally.
If the property is an ancestral property left by your father intestate, i.e, without any will, then all the surviving legal heirs are entitled to an equal share in the said property. An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. So, until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer his/her share in the property without the consent of other legal heirs/coparceners. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members who have received it, which gives such family members an unfettered right to deal and/or dispose of such property. If the undivided ancestral property is not partitioned by 2015, the relinquishment deed executed by your brothers giving up their shares in the property to you becomes infructuous and unenforceable. Moreover, in the civil suit filed by your uncle, you have mentioned this property which includes it in the tag of suit property. Unless the property is spared or released from the suit property by the Court by an interim order, you have to wait for the final disposal of the civil suit to file a suit for partition of this property before a competent Civil Court. Only on receipt of a Court's decree of partition, your brothers and nephews have to execute the relinquishment deed again in favor of you to make you eligible/entitled to apply for mutation of the property in your name before the concerned authorities. So, in the given scenario, you have to walk a long way to get the property mutated in your name legally.
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