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Who is the owner of property if the owner dies without a will


03-May-2023 (In Property Law)
If X has a plot of land and X has two sons and three daughters. Earlier the property was mutated in the name of Sarita. Now, X is dead and has not left any will. One of his sons (say Y) has mutated the property in his name. Is it safe to buy the property from Y without his brother and sisters as witness during the registration of the Property? Is mutation of the property in the name of Y makes him the absolute owner of the property?
Answers (2)

Answer #1
611 votes
Mutation is not amounts to absolute title. It is only a supporting proof of title. The title vests by original document of the property, from where it has passed upon somebody. After death of a property holder, the property passes upon his legal heirs as per heritage law and any legal heir is entitled only for his own share and not of others
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Answer #2
999 votes
How can one get property mutated in his name if the property is in some others name. This is neither valid nor correct as per law of the land. It is not advisable to buy such nature of property as the same will not be valid.
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