My father are two brothers and 3 sister two sister married 1 sister married but missing for more than 10 yrs, me and my father elder brother son only living elder brother and wife dead is living in the house presently with boundary wall separating both of our portion and partition done by court also by partition suit , married sister earlier gave consent and signed but now when we want to complete the mutation and get seperated completely both the married sister (having one child each) are not signing the affidavit nor taking owelty money.They are only telling that we don't want anything ,nor we will sign,or give objection 1.Can u suggest how to complete the mutation for our portion and separate the house tax in kolkata municipal corporations? 2.My father who is the only male alive after my grand mother and grand father who're already dead a long time ago ,my father alone has to bear the house taxes ,can he separate his portion and pay tax independently? 3.In future do I his son can complete this mutation in his absence if he expires ,and how?
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1) rely upon decree passed in partition suit for division of property by metes and bounds
2) married sisters had given their consent in partition suit by affidavit
3) apply for mutation of property
4) notice would be issued to married sisters
5)if no objection received mutation would be done of property in your father name
6) he would have to pay property tax for his portion of property
her objection is necessary when you grand father has died after September 2004 otherwise not because before said period daughter has no right in father's ancestral property and also on self acquired property if it has devolved upon your father and no objection was filed by her.
if above condition is fulfilled then you can do mutation procedure after death you your father because you are the legal heir.
1. Has the court divided the property by metes and bounds i.e physically? If the property has been partitioned physically on court orders you are free to apply for mutation of your separate share to the corporation even if the other family members are not on board.
2. Consult a Kolkata based lawyer.
1. You have stated that 'Partition done by court and also by partition suit'. If that is so, apply for the said mutation certificate duly enclosing the copy of the said court order in connection with the partition suit wherein the affidavit of others will not be required.
2. If partition has been done by court order against the partition suit filed by you, your father should separate his partitioned portion and pay taxes for his portion only.
3. Let him file the application for mutation now. On his demise, you can be substituted in his place.
1. If it was a registered partition deed, then the mutation has to be approved by the authorities, if they refuse to do so for some reason which cannot be rectified, then you may aproach court seeking direction to the authorities to get the property mutated.
2. The partition deed has an answer, your father cannot do anything alone by himself in the absence of any proper partition.
3. As a legal heir you can approach the authorities but then also you would require no objection from other share holders.
