Mutation of property

Twinkle (Querist) 15 December 2017 This query is : Resolved
Hi.. I know about the process of mutation. But someone told me that a person can get the property transferred through a decree passed by court. Here the owners of the property died without executing any will and the property has to be transferred on the name of his widow wife. So my query is can she get the property transferred through any other means other than mutation.

Follow Query

Report Abuse

Guest (Expert) 15 December 2017
What about his children

Guest (Expert) 15 December 2017
Legal Heirs certificate of the deceased owner would be mandatory

Kumar Doab (Expert) 15 December 2017
Who has told you to approach court for decree and why the need of decree is felt?
You may post full facts of the matter.

Kumar Doab (Expert) 15 December 2017
In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..
If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.
If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband.

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters………..
The share in ancestral property devolves upon his legal heirs.

Kumar Doab (Expert) 15 December 2017
The authority under whose jurisdiction property falls has a set procedure for such matters if a valid WILL has NOT surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.
Check locally and comply with procedure. It is simple process.

kavksatyanarayana (Expert) 15 December 2017
I understand that the husband expired intestate. so the all the legal hiers (wife and children including females) have rights over the property of the deceased. first obtain a legal heir certificate and death certificate from the concerned officials and then apply to the authorities concerned (Tahsil office/panchayat/mmpl) for mutation by enclosing copy of death certificate, legal heir certificate and affidavit by others excluding the person in whose name you want to mutation.

Kumar Doab (Expert) 16 December 2017
If other legal heirs agree to sign registered relinquishment/gift/sale/transfer/release deed etc for their share in favor of widow wife then that is a perspective and can be submitted to authority and subsequently updated mutation record be obtained for future use and reference.

P. Venu (Expert) 16 December 2017
Title cannot conveyed through mutation in the revenue records. In the instant case, the property is jointly vested with all the legal heirs. They can execute a partition or settlement deed.