LawRato

mutation and affidavit


06-Sep-2023 (In Property Law)
We are Christains. We are four siblings. Our mother died 30 years ago and left a will giving all of us siblings a share in her house though not equal share. We siblings decided divide the property evenly among us so we executed a notorised affidavit declaring that we have no objection if the property is mutated equally in our names and submitted this affidavit to the DDA for mutation. The DDA accordingly mutated the property equally in our names. I live outside Delhi and now after 25 years I asked my brothers to divide the property but they refused and said they will go as per will and not as per affidavit and mutation. I want to know what is the legal validity of the affidavit and mutation. Earlier I was told that the affidavit supersedes the earlier will. Please let me know my legal position if I go to a court of law
Answers (1)

Answer #1
894 votes
Hello client. As u said the over all property got decided and mutated I'm the name of all four brothers equally as ur saying tht is a mutual consented decision of all.four of you.aganst the will.of your mother .this over all incident took place 25 yrs ago.now after 25 yes when u ask your brother tht u want your share of 25 percent. Then your brother taken the u turn an d told you tht property will get decided as per will in this condition you have two move to legal side court case and the property is already mutated in your name 25 yrs ago so it can not be decided again.so you need to file a court case .in civil court.

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."