How to rectify mistake in the affidavit of legal heir transfer of deceased mother if the property is jointly owned by parents

Question

► If a property was owned by both the parents and they had 3 children 2 sons and 1 daughter. After the death of mother father prepared affidavit and mistakenly gave the name of only the daughter and not the 2 sons. Later on in place of deceased mother name daughter and fathers name appeared on the city survey record.As it was a mistake by father the daughter ( registered hakk chod diya) so now in city survey the share of daughter also came under father's name . Now the father became the whole owner of the property . Now can you suggest any way so that the father is able to have shared ownership with the 2 son and 1 daughter. Can you suggest the legal procedure for this?

Answer 1

Dear Client,

If the mutation entry in the city survey records was made due to an unintentional error and not the actual legal possession, then the first thing that must be done is that the record must be rectified through application to the concerned revenue/city survey department through submission of the required documentation regarding the mistake. As mutation entries by themselves do not create or extinguish any title, the father, being the sole owner or if all legal heirs agree, can execute a registered gift deed, settlement deed, or partition/deed of family settlement deed in favor of the two sons and one daughter to have shared ownership in the desired proportion. It would depend on the nature of the property and succession laws as well as consent of all the family members for the most suitable method.

I hope this helps and if you have any further issues do not hesitate to contact us.

How to rectify mistake in the affidavit of legal heir transfer of deceased mother if the property is jointly owned by parents

1 Answer