Mutation without the original old deeds...
Pran
(Querist) 17 April 2015
This query is : Resolved
Respected Sir/Madam,
There is an agricultural land in west Bengal in the name of my grandfather. His name is also mutated into the government land records. He died a long time ago and the deeds of the land are also lost.
How can his legal heirs mutate/insert their respective names into that agricultural land property at present after his demise ?
I have the legal heir certificate (affidavit done before the executive magistrate), the tax receipts, and the mutation certificate only except the original old deeds.
Please, clarify whether it is possible for me to apply for the mutation only without the original old deeds and where all the other documents are available ?
Kindly reply…
kavksatyanarayana
(Expert) 17 April 2015
if it is an ancestral land,obtain fair adangal(Khata) copy from the revenue authorities, EC from the subregistrar concerned and tax receipts etc. and apply for mutation. if the land purchased by your grand-father, then apply for a "Certified Copy" from the Sub Registrar concerned. The EC tax receipts etc., also must. then apply for mutation. original deeds are necessary for mutation. it the originals are not available, you should file declaration to be executed before a Notary and get it be notarized. obtain legal heir certificate from Tahsil office. then apply with other material.
Rajendra K Goyal
(Expert) 18 April 2015
Agree with the Expert kavksatyanarayana.
Pran
(Querist) 18 April 2015
But, sir as much as it is known to me to get a certified copy of the original registered deed from the sub-registrar office, the original Deed No. and the date of registration is required and in my case I do not have both of these details... Then, how can I get the certified copies ?
Except, only the original deeds I have all the other documents...
malipeddi jaggarao
(Expert) 18 April 2015
In the given case, original deeds are not required as the claimant is none other than the legal heir. If you are sole legal heir as per the certificate given by the revenue authorities, there should not be any objection to record mutation in their own records even in the absence of original title deeds.
As regards getting a certified copy of original title deeds, you not replied to the expert Mr.satyanarayan as to whether your grand father purchased the property or he inherited it? If he has purchased the property, at least if you know from whom he purchased, you can contact him and get the details like date etc., and basing on that information, you can entrust this work to an advocate, who will conduct search in the records of sub-registrar office/who will obtain the information from it, and apply for certified copies.
ajay sethi
(Expert) 18 April 2015
agree with Mr malipeddi
Pran
(Querist) 18 April 2015
Respected Sir,
As much as I know that my grandfather purchased the property before independence of India and all the persons (who could have known the details about this property) are dead. My grandfather died in 2003 at the age of 80, I just found about this property some time back during the cleaning of the house. I inquired about the property details in the mutation department and found that it is still in the name of my grandfather.
I have collected all the other documents other than the original deeds and hence before submitting for mutation I thought that it would be wise of me to ask the experts...
Dr J C Vashista
(Expert) 18 April 2015
Did your grandfather execute any "WILL" or any other document in favour of your grandmother, father, uncle, aunt or either of the grandchildren?
Did the property devolve upon you, if so, how?
There are number of other issues involved hence no proper opinion can be formed.
It is advisable to contact and consult a local lawyer for proper professional guidance and proceedings.
Pran
(Querist) 19 April 2015
My grandfather did not execute any WILL. He even forgot about this property during his last days, and due to that reason the original deeds got lost.
My father (died in 2011) was the only son of my grandfather, and we are 2 brothers. And, I think that now my mother, me and my brother are the only legal heirs of this property because my grandmother also died in 2013.
I thank all the experts for replying to my query. And, after getting the assurance from Mr. Malipeddi regarding the mutation without the original deeds I can now easily take the help of my local lawyer.
Thanks...
malipeddi jaggarao
(Expert) 20 April 2015
All the best to Mr.Pran and if you require further guidance on the matter at any stage please "Click to Talk" button under my name.
T. Kalaiselvan, Advocate
(Expert) 25 April 2015
Agreed with the views and suggestions made by expert Mr. Malipeddi Jagga Rao.
