Mutation entry denied in case of Owner died in testate .
tarun
(Querist) 28 May 2014
This query is : Resolved
Sir,
My grandfather's Brother & his wife died in testate & without any heir.
Now how my father & uncle being the only survivor can change mutation entry in their name of an property which is as of today reflcting the title in the name of grand father's brother.
1. If patwari & tehsildar denies the change in mutation to my father's name than what is Remedy available to us??
KAMARAJ BHARATHY G
(Expert) 28 May 2014
SINCE YOUR FATHER IS NOT CLASS I LEGAL HEIR TO THE DECEASED,THASIDAR WILL NOT ISSUE LEGAL HEIRSHIP CERTIFICAT WITHOUT COURT DIRECTION. HENCE, YOURFATHER MAY APPROACH APPROPRIATE COURT TO DIRECT THE TAHSILDAR TO ISSUE LEGAL HEIRSHIP CERTIFICATE.
ajay sethi
(Expert) 29 May 2014
obtain letters of adminstration from court . then apply for mutation of property in your name
Sankaranarayanan
(Expert) 29 May 2014
Well advised by sri kamaraj follow accordigly
R.K Nanda
(Expert) 29 May 2014
agree with experts.
Rajendra K Goyal
(Expert) 29 May 2014
File succession suit and get the court orders.
Anand Bali Adv.
(Expert) 29 May 2014
A suit for Declaration and Succession will be a pr4oper way to ascertain the ownership Title.
After decree go for change in property right documents and then for the Mutation as both are very different.Former pertains to the ownership right and the later is related to revenue liabilities and not for the ownership title of the property.
T. Kalaiselvan, Advocate 
(Expert) 31 May 2014
Your father and his brother do not even come under the category of Class II legal heirs to the deceased brother of your grandfather, hence, an order of succession from court of law will be the answer to the queries of the registrar/tehsildar for mutation or transfer of properties as desired.
tarun
(Querist) 03 October 2014
If above said property is being adversely possessed by state government from last 22 years.Even then court can issue succession
certificate to my father being only living legal heir
