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Mutation of lease hold property to legal heirs
04-Jan-2025 (In Property Law)
Hello,
My husband passed away in 2022 having a joint holding property with equal 50 % share with his elder brother. The property is a lease hold property with 99 years of lease and requires a joint holder's consent for carrying mutation to legal heirs.
Now the joint holder is not giving a written consent for mutation and transfer of 50% share to legal heirs.
The govt rule says without joint holder's consent mutation cant be done.
What could be the solution as per law.
Regards,
Q.: whether this arrangement of share is forming part of any agreement between brothers?
Two possible remedies:
Refer to jurisdiction and dispute resolution clause in lease agreement and if there's any agreement between the brothers.
If everything is silent, approach concerned civil court seeking direction and declaration to the efect that the brother not giving consent is only 50% holder and that he shall give his consent in view of the government rule the client is talking about.
Helpful?
Adv. Soham Desai
Vadodara | 400+ Answers
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