Two of my sisters in my absence added their names in the patta by influencing my old and infirm mother over a period 15 years by suppression of facts to the authorities.We are 7 brothers and sisters and we are Hindu by religion.They have demolished our two Assam type houses which represented much value.They have also constructed a three storied building thereat.Whether mutation confers such rights to them to do so ! I require your valued legal opinion in this respect.
1) you have not mentioned complete facts of your case .
2) who is the owner of the property ?
3) file an RTi application to find out how name of your sisters were added .
4) mere mutation does not confer ownership rights on the property .
5) for demolition and construction of building it is necessary that mincipal corporation sanction building plans submitted by the owner .
6) you can file RTI application to find out on what basis plans were sanctioned .
7) contact a local lawyer
WISH YOU HAPPY NEW YEAR 2015
A. What is the status of your legal right in the disputed property? Mutation/Patta is the recording process in the revenue records the transfer of right to another based on the right clinched in the deed or inheritance or grant etc., The mutation in the municipal records is for the purpose of payment of property taxes and it does not mean a legal title to the person to whom the property has been mutated Hence, the mutation does not create a legal right over the property and mutation proof is admissible evidence, but not conclusive proof within the purview of the Indian Evidence Act.
B. A proclamation would be issued inviting objections to the proposed mutation, specifying the last date (generally 15 days from the date of the proclamation) up to which any objection to the mutation will be entertained. If no objection against the proposed mutation is received, it is sanctioned. In the meanwhile, if you aware, You had to raise the objection while call the objection.
C. However, You may challenge the mutation order which was issued by the local authorities and issue a notice to the authorities by mentioning all material facts in respect of remaining legal heirs.
D. Lodge the police complaint under fraud owing to non divulge of material facts to local authorities. You can approach the court for appropriate relief OR File a Partition Suit in respect of your right and contact a local Advocate.
My deceased mother was the owner of the property.
Hi, entry in the mutation does not confirm any right over the property when your mother is the absolute owner of the property then all sons and daughters have equal right over the property.
1. You have stated that '' facts were suppressed''. What are those facts? When did your mother expire? Who has the possession of the property which was mutated? These questions are germane to the legal recourse which you may follow.
2. Mutation does not confer any right to your sisters unless the mutation was preceded by a gift deed made by your mother in favour of your sisters.
3. The addition of your sisters' name in the mutation register, if done with the permission of your mother, does not suffer from the vice of any illegality. If your mother was the owner of the property in question at the time of mutation there was no bar to the addition of your sisters' name in the records. Your mother being the absolute owner of the property could have allowed any of her heirs to incorporate his/her name in the records. She could also delete the name of any legal heir from the records. To this extent, the mutation of your sisters' name is perfectly legal.
4. After the life time of your mother all her heirs have an equal share in the property if she did not leave behind a will. You can lay a challenge to the order of mutation, and also file a suit for partition to cull out your own share in the property if your mother has not left behind a will.
1) if your mother died intestate ie without any will on your mother demise each legal heir would have 1/7th share in property .
2) you can try to settle issue amicably with your siblings by entering into partition deed of said property
3) if no settlement is possible file suit for partition to claim your share in property
4) also challenge mutation of your sisters name in patta as no notice was issued to other legal heirs
1. Things are not clear from your query,
2. How could your two sisters add their names in the patta by influencing your mother?
3. Was any gift deed executed and registered by your mother in favour of your said two sisters?
4. If they became the joint owners of the said property, they are entitled to construct house on the land the way they like,
5. Mutation does not confer ownership, 'conveyance deed' does.
1. Is your mother still alive?
2. If not then you can file a partition suit challenging the deed in favour of your sisters, in case they produce any such convetance deed.