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

 Dear Client,  

From the documents you shared, it looks like the property is currently recorded only in your father's name due to an error in the earlier records. To give shares to all 3 children, your father can either execute a registered Gift Deed in favour of all of you or a Family Settlement Deed. We'll need to check the title papers and city survey records first to decide which is better and to fix the mutation. Please share copies of the property papers and ID proofs. Once we review them, we can draft the deed and guide you on the correction process at the City Survey Office. For further assistance, you can reach out to OLQ.

Dear Client,

Yes, surely. Upon considering your case, it appears that the omission of the names of the two sons from the affidavit you submitted before the City Survey Authority was bona fide and was an unavoidable mistake. Such an omission does not extinguish their legal rights, as mutation entries are maintained only for revenue purposes and do not determine any ownership or title.

Since the property was jointly owned by the father and the deceased mother, the mother's share devolved upon her death by operation of law on her husband, two sons and one daughter in equal proportion under Sections 15(1)(a) and 16 of the Hindu Succession Act, 1956. Therefore, the two sons continue to have their lawful share in the deceased mother's estate, even with an error in the mutation entry.

In my opinion, the most appropriate and legal course of action is to file an application before the competent City Survey/Revenue Authority seeking rectification of the mutation entry by explaining that the earlier affidavit mistakenly omitted the names of the two sons. The application should be supported by a fresh rectification affidavit, the mother's death certificate, proof of legal heirship, the relevant property documents, and, preferably, the consent or no-objection of all the legal heirs. If the authority is satisfied that the omission was a genuine mistake, it may rectify the mutation record by entering the names of all the legal heirs in accordance with the law.

If, after such rectification, the father wishes to voluntarily distribute his own share in the property during his lifetime, he may do so by executing a registered Gift Deed or a registered Family Settlement to clearly define the shares of all members and avoid future disputes.

Dear sir/ mam , as per your query

Yes, father can give shared ownership again.
 
Father, being the present owner, should execute and register a Gift Deed or Family Settlement Deed in favor of 2 sons and 1 daughter.  

You are required to connect with OLQ Team and provide necessary details so that we can guide you on this matter.

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.