Legal Question in Real Estate Law in India
My father along with his uncle purchased a land in equal proportion in 1979. Later my father purchased his uncle's portion without any sale deed. In the year 2006 his uncle suddenly demised leaving his wife, 2 sons and 2 married daughter. After discussing a lot with his heirs 4 out of 5 happily signed the sale deed in 2007 but 1 son has denied to sign the deed. More to inform you, we are dewelling in the property from the starting and my father's uncle with his family have been residing in their another property in some other place. The master (joint land deed containing my father's name and his uncle name)is with us.
Now we want to do the mutation of our total land including the unsigned of the unwilling son's (1/5)portion.
Will there be any legal complications in getting the whole land mutated. If yes, then what is the solution in getting the mutation done?
1 Answer from Attorneys
1) Without first finalizing sale deed and getting full title, how can u go for mutation.
2) All have to sign and register the sale deed, based on which u can go for change in name.
3) First issue notice and file specific performance suit.