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Mutual partition of property be acceptable for separate mutation
10-Apr-2023 (In Family Law)
Mutual partition of residencial land property of my father was done in written among our brothers & sister. Is it acceptable to Municipality for seperate mutation . We are Hindu.
Sir, perused your query in detail. Yes, mutual partition is acceptable for mutation purposes. However, the mutual partition ought to be registered. Please approach the municipal authorities and have a talk with them regarding mutation. Please feel free to get in touch with me for more details.
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Adv. Abhishek Dutt
Kolkata | 5+ Answers
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Sir,
The transfer of property act states that every immovable property must be transferred in accordance with registration act, which in turn specified that every transfer of immovable property must have to registered compulsory. So your agreement of partition must be registered, otherwise it may not be taken as effective partition. For mutation to be effective you need to register it. You may contact me for more advice and help.
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Hindu's are divided into two Schools. Dayabhaga and Mitakshara are the two schools. This will decide the law. Mitakshara law permits unregistered family partition. The same is enforceable in law. But the same is not for Dayabhaga.
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Adv. Anamika Pandey
Kolkata | 25+ Answers
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