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Effect on my share if mutation of property in name of father's brother


25-Feb-2023 (In Property Law)
my grandfather purchased a land from one of my villagers but at that time mutation of land didnt happend now my grandfather have died. my grandfather has 3 son in which my father is the middle son now my uncle(elder brother of my father)is saying that mutation of that land should be on his name.if that will happen will in future they claim that land ??or that will be divided in all 3 sons of grandfather.
Answers (2)

Answer #1
708 votes
Land can be distributed to all sons of grandfather.
If any one falsely made mutation on his name.
Then go to your SD court and file a petition to mutation cancelation , detailing all the facts. You will get the relief
Answer #2
773 votes
It is well settled that mutation does not create any right, title over the property. Your grandfather had purchased the property in his name. If that so all the sons will have equal share in the property after the death of your grand father under rule of survivorship. Mutation in the name of elder son means he is the karta of the family and in this way mutation has been done in his name, it does'nt matter that he will acquire the right, title over the entire property on the basis of his name being mutated in the revenue records. If you would claim for partition of the property, certainly, you will get the equal share in the property of your grandfather.

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