LawRato

Provisions to cancel fake mutation will,title deed


19-Aug-2023 (In Property Law)
Hello Sirs/ Madams. My father belongs to family of 5 children. My grandfather built house in India after partition. 4 of his children left this house gradually/ were asked to leave by him and finally only one was left with grandfather in 1985. That child (my chacha) made fake will favoring the property to himself and his wife. He did mutation in 1998, while my grandfather died in 1987. He has been living in property ever since with his wife and kids. 4 other original heirs never asked for their share, but now some of them require funds for themselves & are requesting for amicable partition. However family of the son who got fake will made (he has died recently) claim to be legitimate owners of property on basis of fake will, mutation and also a title deed that seems fake as well (showing ownership in chacha & wife name). How do we get mutation cancelled? How much time do such cases take to resolve. Property is in prime location in Delhi and worth upwards of INR 5 Cr in our estimate.
Answers (3)

Answer #1
800 votes
Dear Sir,
Basis your facts you would be required to file a suit for partition along with reliefs of declaration thereby praying to declare the said fake documents as invalid and injunction for stay.
Time : Depends upon various factors and may take around 1.5 to 2 years.
You would further be required to pay court fee equivalent to the value of your share in the property e.g. if the circle rate of the property is Rs. 60,00,000/- and you claim 1/5th share in the same you will have to pay a court fee against Rs. 12,00,000/- which would be around Rs. 13,000/- . Suit can be filed by any legal heir of the deceased owner of the property.
People also ask

What happens if mutation is rejected?

What happens if I am denied my request to modify a property? You can reapply if the authorities reject your property mutation request. Remember, you can only apply for it after 30 days. You can reapply if the authorities reject your request to change property. 27-Oct-2023

Can mutation can be Cancelled?

You can cancel a mutation by writing a letter to the Collector and Controller of Revenue, with a CC addressed to the Commissioner Office. This letter should explain that the current mutation on a persons name has been made incorrectly or is defective.

How mutation can be challenged?

If a suit has been filed or is intended to be filed, a mutation can be corrected/challenged based on the outcome of that suit...

What are the rules of mutation?

Contrary to popular belief, mutation is not an event that occurs only once. Idealy, it should be done every 6 months to prevent fraudulent transactions involving the property. Every time there is a transfer of ownership or a change in ownership, mutation is required. 15-Jan-2021

  
Answer #2
731 votes
You first need to pursue with the relevant Municipal Department and get the mutation cancelled. In case there was no 'NOC' taken from the other legal heirs, you have a good case for the same. Of course, one has to see the documents before advising completely. Time taken is directly dependent upon effort put in and pressure created. You will have to fight for your rights.

Answer #3
88 votes
Visit the local municipality in your city to fill out an application. The municipality has the right to cancel the mutation.
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."