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Mutation of ancestral property

(Querist) 03 August 2017 This query is : Resolved 

We have agricultural land in punjab and we stay in banglore, and house my father was owner of that,my father died 1 year back,and about 7 years back before he died he made a will making me legal hier;/owner of all his property
my mother stays with me and my wife and 2 kids stay with me at banglore
and have 3 sisters married no brother
i thought registered will is enough as legal document but came to know about mutation
i have few questions please clarify
1)Is mutation and intkal same
2)is mutation necessary
3)what is process for mutation,what documents required,how much will it cost,how much time approximately it will take
4)to whom i should submit application tehsildar or patwari
5)do patwari take lot of bribe for this,can i skip paying bribe still get this done,what can be challenges in a way for completing mutation,my mother and sisters will give me NOC from thier side
Reply Reply to All
Rajendra K Goyal (Expert) 03 August 2017
You asked:
1)Is mutation and intkal same

Reply: Yes.

You asked:
2)is mutation necessary

Reply: It is better and provide information regarding your ownership of the property in record.
Rajendra K Goyal (Expert) 03 August 2017
You asked:
3)what is process for mutation,what documents required,how much will it cost,how much time approximately it will take
Reply: Approach Patwari of the area with related documents. Authorized cost is negligible. Time can not be predicted.

You asked:
4)to whom i should submit application tehsildar or patwari
Reply: To Patwari who would put before Tehsildar for orders after report or can be submitted to Tehsildar directly.
Rajendra K Goyal (Expert) 03 August 2017
You asked:
5)do patwari take lot of bribe for this,can i skip paying bribe still get this done,what can be challenges in a way for completing mutation,my mother and sisters will give me NOC from thier side Reply Reply to All
Reply: You live at far place, It is advised to obtain services of lawyer.
Kumar Doab (Expert) 03 August 2017
It is matter of Testate Succession.
Registered WILL fetches more reliance.

You have delayed to act upon the WILL.

Kumar Doab (Expert) 03 August 2017
The process, procedure, forms for such matters of Testate Succession might be available on website of authority under whose jurisdiction property falls or must be available in O/o authority say; MC.............
Kumar Doab (Expert) 03 August 2017
Certified copy of WILL, death certificate, Legal heir certificate are basic requirements and authority may ask for NOC from other Legal heirs or newspaper advertisement or may write to all legal heirs (other than beneficiary) to submit their objections if any in a set time.....................


If everything is satisfactory the authority may act upon the WILL and may transfer ownership in the name of beneficiary..............

Kumar Doab (Expert) 03 August 2017
If any objection is raised, WILL is contested it lands up in Probate Court of pecuniary jurisdiction.......


Any WILL, including registered WILL can be contested.
Kumar Doab (Expert) 03 August 2017
The mutation shall happen only after WILL is acted upon successfully without any contest/challenge or after Probate....
Kumar Doab (Expert) 03 August 2017
Some location/states might as per local precedence may accept legal heir affidavit from a legal heir.

Legal heir certificate is issued by O/o Tehsildar after inquiry by revenue officials............

Successful Mutation in your case shall make you owner.


Kumar Doab (Expert) 03 August 2017
If all legal heirs other than you e.g; Our father's mother, your mother, your sisters are willing to sign a NOC get it ASAP.
Kumar Doab (Expert) 03 August 2017
It is not mandatory to probate the WILL in Punjab.
Kumar Doab (Expert) 03 August 2017
It is not mandatory to probate the WILL in Punjab.
lucky123 (Querist) 05 August 2017
Thanks for reply,i understand goverment charges/cost is not much/reasonable,i know its difficult for exact cost,but what could be approximately(as per ongoing ) patwari charge as bribe/or can say unofficial his service cost,i am asking just to get idea
how much can be paid to him


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