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Anirban Choudhury (Dental Surgeon)     12 June 2014

Mutation of flat after owner dies

Hi all,

My father & me jointly applied for a home loan for purchasing a flat at Dumdum municipality (West Bengal). The flat was registered solely in favour of my father, which included a residential flat of 1280 sq. ft. on 2nd floor & a garage space of 200 sq.ft. on the ground floor. The date of registration was 2/08/2010. That time mutation of flat & garage from the promoter was not done. In early 2011, my father got Cancer in lungs and expired in August 2011. The mutation things was forgotten unwillingly by us. Now, these things has again come into limelight. Last Tuesday, I deposited all the property tax that was due for 4 years. Again, we had bought a garage space at the same time with the flat, that was clearly mentioned in the deed. But when I deposited the tax, the receipt showed '"the Promoter's name" as the "Name of the Assesse" for the garage space, whereas my father's name as "Name of the Assesse" for the Flat. Another thing is that, my father did not do a "Will". But, during his last days he wished that, I should get that property whereas another two storied house would be for my mother and elder brother. Till date, I am continuing Paying back the Housing loan which was due, from my salary. My mother and elder brother has no objection about giving their shares for me in case of that flat. Now my questions are:

1) For MUTATION of flat, what are the procedures?

2) As the name of assesse in case of garage is showing the Promoter's name, what should be done to convert this?

3) Should the mutation be firstly made in favour of three living adult members of us, ie, my mother, elder brother & me...??

4) If other members wish to gift me their portion, what are the procedures..?

Thanks in anticipation for helping me.

Regards,

Dr. A. Choudhury, Dental Surgeon



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