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Relative's claim on land after mutation


10-May-2023 (In Property Law)
Ancestral property inherited by us three brothers. Hindu family. Mutation done in Settlement office with all documents in place. Property divided based on partition deed between our father and uncle. Father is no more. We now want to sell the land, but uncle is raising objection claiming a large chunk of the property. Uncle's claim is that partition deed has problems. Is uncle's claim valid? Can we sell the land legally? Can uncle get a stay order?
Answers (1)

Answer #1
509 votes
The property inherited by you along with your brothers, whether it has been mutated in your name after your father's death or is it still in the name of your father after mutations being done at the time of Partition. if the property has been mutated in your names along with your brothers you can sell your part of land duly received through inheritance after being partitioned among your father and his brother. If the partitioned property is still in your father's name you will have problems selling the land as sale permission cannot be obtained unless mutated in your names. After mutations to there is no problem. If your Uncle claims that there is problem with the partion deed then You will have to tell me what problem he is speaking about and show me the deed. Beside whether he is barred by limitation or the partition deed is valid or not are subject to scrutiny of the Partition Deed and the order passes by the Circle Officer or Settlement officer at the time of Partition. If you want further clarification I need to go through the documents once.

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