LawRato

Can we change the ownership of our property by mutation


31-May-2023 (In Property Law)
We have a 3 story kothi in delhi which is in my father's name who passed away 40 years ago. We are 2 sisters and my mother is still there. The ground floor was built by him and is in his name. The 1st and 2nd floor is in my mother's name (basically the electricity bill etc). The property was never mutated. Now my mother wants to get mutation done and give 1 floor to me, 1 to my sister and the 2nd floor with roof rights in my mother's name. Will mutation help us divide the property like this OR all 3 of us will become co-owner of the full property. My mother also wants to sign a will make both me and my sisters co-owner of 2nd floor and roof. Please suggest what is the best way forward.
Answers (5)

Answer #1
556 votes
It seems that Partition of the property has not been done. Let me clear you that mutation doesn't make you the owner of the property merely by depositing electricity bill or paying house tax or getting the property mutated in your name doesn't make you the owner for more details you can call me
Helpful? LawRato LawRato
Answer #2
759 votes
First of all get the property mutated in your name ( all three of you) and that you can do on the basis of a family partition ( wherein you will define the distribution).

Also your mother should get her Will Registered before the SDM towards her share of the property to be divided between you two.
Helpful? LawRato LawRato
Answer #3
695 votes
Mutation of the property will not define any title. If you and your other siblings do not have any dispute then it can be easily done by way of a registered family settlement. Further being class 1 legal heir as per Hindu succession act you all have equal share in the property. Your mother can definitely propound a will. For any further legal assistance please feel free to contact

Thanks
Helpful? LawRato LawRato
Answer #4
517 votes
Mutation will not define any rights. You all being the Ist class legal heirs have equal right of the said property. But in order to define your rights you can surely sign a settlement deed for the same and Yes your mother can surely create a will for her share of the said property. Please feel free to contact for any further legal assistance.

Thank you.
Helpful? LawRato LawRato
Answer #5
765 votes
mutation does not confer title. you may get the will executed and in terms of that will go ahead and get the property mutated in your name, after the death of the maker of the will. alternatively, you may get a gift deed or relinquishment deed executed in your favour, which of course will require stamp duty and registration charges to be paid.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."