Need to know the procedure

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(Querist)
21 May 2018

Hi

I have a agri land in Daudpur U.P. And it's registered with the name of my father. He died 1 year ago. Now my tau ji is saying you need to pay 50 to 60 k to transfer under my name. I said what you are talking about. The land automatically get transfer to the child or mother . Why shoul i pay this hefty amt. I need to know is this true? And also tell me the procedure to get it transfered to my mother and me. Currently i am in New york , working with it company and i am coming to india next month. So please guide how i can do this alone.


Ms.Usha Kapoor (Expert)
22 May 2018

As stated by you y0u and your mother are class 1 legal heirs including your paternal grand mother if she is alive. None else is heir. You al get legal heir certificates and your father's death certificate which will be issued by the Hospital where your father breathed his last or Registrar of Births and deaths of Muynici9pal corporation.Legal heir certificate you can ger from local Tehsildar.Then you can distribute the property 9in accordance with your father's wishYou check the revenue records also whether your father's name is mutated there or not.That ids an indication that you've been in possession of the land since a long time.

Vijay Raj Mahajan (Expert)
22 May 2018

The agricultural land records has to be checked, if the land was on Pata in favour of your father or he actually owned the land that was duly registered in his name. In both cases the local rules of the State has to be checked with regard to entry of the names of legal class 1 heirs of the deceased Hindu in the revenue records. But one thing is sure whatever may be the rules the rate for entry of name of heirs of the deceased in revenue record definately cannot be 50 to 60K.

Anil Satyagraha (Expert)
22 May 2018

May-22-2018 Tue, 06:47 PM
@Apurv (Querist)
PROBLEM STATEMENT
I have a agri land in Daudpur U.P. And it's registered with the name of my father. He died 1 year ago. Now my tau ji is saying you need to pay 50 to 60 k to transfer under my name. I said what you are talking about. The land automatically get transfer to the child or mother . Why shoul i pay this hefty amt. I need to know is this true? And also tell me the procedure to get it transfered to my mother and me. Currently i am in New york , working with it company and i am coming to india next month. So please guide how i can do this alone.
PROBLEM IS RELATED TO MUTATION OF PROPERTY (AGRI LAND)
This is a specific query that is related to Mutation of Property (Agricultural Land), hereinafter “Property”. I will utilize this query to help start with understanding what mutation means.

Mutation in legalese means change of title ownership from one person to another when the property is sold or transferred. By mutating the property, the new owners get the property recorded onto their respective name with the help of land revenue department and the government is thus able to charge property tax from the rightful owner. The documentation procedure and the fee payable vary from state to state. I presume in this present case at hand, it would be Daudpur U.P. (India).
Mutation of property is also known as ‘Dakhil Kharij’ is an activity that should ideally be taken from the local revenue office (Mandal Revenue Officer / Tehsildar) in order to check for the correct transaction on the property. In case of inheritance after the death of the owner, in case Father, the property should be mutated by submitting copies of Death Certificate and relationship documents.

In this particularly case, updation of revenue records should be applied along with a registered Power of Attorney, as it transfers the ownership from / to the NRI son, represented by his Mother. This way, the NRI residing in New York need not always commute all the way from USA.
In the present case the issue is ownership related to land (agricultural), and hence mutation is considered a vital document. The reason being that mutation has civil consequences. For example, if an agricultural land is acquired by the government through its powers of eminent domain, then the registry of the land which is in the name of person RAM (for example) after mutation, the government will release the acquisition funds only in favor of person RAM, as in the revenue records he is recorded as the owner of the land.
To apply for mutation, an application to the tehsildar of the area has to be given on a plain paper along with the required value of a non-judicial stamp paper. Typically, there are local advocates who can help with the process.
DOCUMENTS REQUIRED FOR MUTATION IN CASE OF INHERITANCE OR WILL, AS APPEARS FROM THE PROBLEM STATEMENT HEREIN, ARE:
1. DEATH CERTIFICATE
2. COPY OF WILL OR SUCCESSION CERTIFICATE *** INTESTATE ***
3. INDEMNITY BOND ON STAMP PAPER OF REQUISITE VALUE
4. AFFIDAVIT ON STAMP PAPER OF REQUISITE VALUE ATTESTED BY A NOTARY
5. COPY OF POWER OF ATTORNEY
6. RECEIPT OF UP-TO-DATE PROPERTY TAX PAYMENT IN CASE OF POWER OF ATTORNEY
7. COPY OF WILL OR INTESTATE DECLARATION AS LEGAL HEIRS
8. RECEIPT FOR PAYMENT REGISTERED WITH A SUB-REGISTRAR / MRO / TEHSILDAR
9. APPLICATION FOR MUTATION WITH COURT FEE STAMP AFFIXED ON IT


________________________________________

Anil @ Satyagraha.com
P: +91 7095 776633
P: +91 8019 291111

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P. Venu (Expert)
22 May 2018

The property is already vested with the legal heirs of your father. Due process needs to be followed in mutating the property in their names. This is not an expensive process. However, partition of the property through a registered deed entails payment of stamp duty in accordance with the norms prevalent in the State?

By the way, are you the only child? So also, is your grandmother (father's mother) alive?

Kumar Doab (Expert)
22 May 2018

While posting such queries the querist should post basic information e.g;
Which personal law applies in your case?
Are you all Hindu?
The said property is agricultural land, rural, Urban, or it is a building?
Have the deceased i.e. your father, mother, and your uncle left any valid WILL?
As per your post there are no daughter/married daughters from both the families!
The property is in which state?
Confirm!

Some of which you have posted.

Kumar Doab (Expert)
22 May 2018


The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

Kumar Doab (Expert)
22 May 2018

Usually for such matters there is NO FEE.
The reasonable FEE is for getting updated mutation record ..
The patawaari usually have unwritten FEE that could be say Rs.1500/ for Virasat Ka Intkaal..
Check if online option is available...

Dr J C Vashista (Expert)
23 May 2018

I endorse expert advise of Mr. Anil Satyagraha.
The property (land) record to be updated in the name(s) of surviving legal representatives of deceased by Patwari/Girdawar/Kanugo/Tehsildar for levy and collection of revenue/taxes as applicable, .

Kumar Doab (Expert)
23 May 2018

The procedure to record ownership by inheritance is already mentioned.
Your mother can also appear on behalf of herself and other legal heirs.
Local counsels can also help you.
In the meantime try online links and inquire.
https://e-nagarsewaup.gov.in/ulbapps/

https://e-nagarsewaup.gov.in/onlinepay/



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