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Can daughter's name be included after father's death by mutation ?
29-Jan-2023 (In Property Law)
A residential property is purchased on lease from bidhan nagar municipality by husband-wife jointly. Husband dies after few years. They have two married daughters. Should mutation be done to include names of daughters as 25% owners each? Mother being 50% owner already.
It would be appropriate to do so in order to prevent any future disputes, if any. In case you wish to have such mutation recorded then you are free to book a consultation with us. Wish you the best. Take care.
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fathers share, i.e. 50% will be divided in 3 parts, i.e. 33.33% to each daughter n wife. wifes share is owned by wife n the same will not be considered as fathrs property
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Adv. Vijyant Nigam
Lucknow | 100+ Answers
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As the property was in joint name, it entirely depends on if the clause on death of either of owner has been added to the same. However, in the case, if there is no such clause also, the father left behind three legal heirs wife and two daughters, so on his share these three will have equal rights.
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Adv. Soma Pandey
Lucknow | 200+ Answers
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The 50% is mother's absolute share. In the remaining portions 33.33% each should be allocated to the mother and two daughters each. This is based on the assumption that the family is Hindu. Also, the mother may transfer any amount of her share to the daughters but for that a registered deed will be needed.
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Adv. Prateek Mishra
Lucknow | 100+ Answers
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