How to proceed with mutation of property incase siblings do not agree

My father n grand father have purchased a land in howrah and after they build there appartment on it..n all flat had been sold except 2 flats and 1 shop. Now my father n gf had no father have 5 children 2 son n 3 daughter all married except me.i want to do a mutation on my mother name without heirs. Can it possible?? N my married brother n his wife both are against on us they both dont want to mutate to my mother name so what can i do?

Answers (1)

97 votes

Since the father and the grand father were the original owners of the flats and the shop, presuming your grandfather only had one son, i.e. your father, all of you, i.e. two sons , three daughters and the widow mother becomes the owners in the property. Hence for the purpose of mutation all the owners should approach the Corporation. Since the other heirs are not agreeable, you and your mother can approach the corporation for mutation of your 2/6th undivided shares in the property. My suggestions will be, you immediately apply for mutual partition and if that is not possible, go for a partition suit and solve the dispute once for all. In many of my matters in Howrah Judges' Court, the clients have got relief accordingly. All the best. Regards

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