Mutation of building
shyamal
(Querist) 22 September 2018
This query is : Resolved
Sir
My father made a will where he gave a single storied building to me. There were 4 legal heirs. We did not take probate. Instead we did mutation in the municipality. In the form of the municipality and in the Affidavit, I was the first applicant and the rest followed.
However, my brother went for hearing in the municipality and we all gave him the power of authority .When I received the mutation certificate, I saw that the name of my mother was in the first place and the name of myself was in the second place.
Please guide me to know whether the Sl No of the names in the mutation certificate really matters in the ultimate ownership of the building or whether there is any procedure so that necessary correction can be made and bring back my name in the first place.
Shyamal.
Vijay Raj Mahajan
(Expert) 22 September 2018
Half job done, half not done.
The mutation in the Municipality record is just for taking control of the property and paying property tax etc. The name of all the owners by way of Will mentioned in the Mutation certificate is good enough whose name comes first or next hardly matters.
Will should be privates through civil court and letter of administration obtained, that will help in future to sell or transfer the property if needed by the heirs/beneficiaries who became owners of the property by virtue of the Will.
Shashikant V. Patil
(Expert) 22 September 2018
Agreed with Ld Vijay Raj Mahajan. Sequence in entering names in mutation is immaterial.
Dr J C Vashista
(Expert) 23 September 2018
Mutation do not affect title of the beneficiary of the Will.
Get the will probated through a local lawyer.
