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NK   03 August 2017

How to register a property after mutation

Hello Law Experts,

My father has passed away 10 yrs before and at the same time one of the property(house) name has been transferred to my mother's name (by submitting Death & Legal Heir documents) in the municipal Corporation office .Now We would like to register the property on mother's name in the sub registry office. Would like to know the process,your suggetions on the process are greatly appreciated .

 

Thanks..Best Regards

 



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 8 Replies

Kumar Doab (FIN)     03 August 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN)     03 August 2017

In cae of HIndu male the 1st right for equal share is of ClassI leglal heirs i.e.; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters.............

 

The death certifictae, legal heir certificate are basic requirements in such cases of simple inheritance; Intestate Succession.

 

After submission of all requisite docs to the satisfaction of the O/o Authrotity under whose jurisdiction property falls the equals share from property shall be mutated in the names of all ClassI legal heirs.

 

Updated mutation records is sufficient along with death certifictae, legal heir certificate...

Until or unless all other legal heirs relinquish/release/gift/sell etc by a valid/registered deed, their share to mother, she alone can not be owner.

 

 

Kumar Doab (FIN)     03 August 2017

Did all of other legal heirs relinquish/release/gift/sell etc by a valid/registered deed, their share in favor of  mother?

If yes what is the issue?

NK   04 August 2017

Thanks for all the replies,

Issue is , mutation in the name of mother has been done already and now as we wanted to register on her name in the registrar office,does approval from all the legal heirs are required (or) just submitting Father's death certificate , Legal Heir document and Municipal Tax reciepts will suffice to register on my mothers name

 

 

Best Regards

 

Kumar Doab (FIN)     04 August 2017

On the strength of which valid/registered deed mutation is on the name of Mother alone?

 

NK   05 August 2017

Appologies, but I did not get what you said.

 

Yes, only on my mothers name.(Mutation to my understanding is, since last10 yrs i.e. after my father's death  we are paying property (house)tax on my mother's name ).Hope iam clear pls le me know if I understood wrongly.

Adv Akhtar Ali Sheikh (Property Law Consultant)     08 August 2017

The mutation happens in favour of all legal heirs. That means all legal heirs have to be brought on record by applying to the revenue authorities by executing affidavit and indemnity bond etc.

The legal heirs then release their undivided share to the desired party and register it then on this release deed the names of other legal heirs are deleted in revenue records and the name/names of the desired party/parties remain in the mutation records.

The tranfer in the Municipal records occurs subsequently. If your property was transferred in municipal records first then it is no mutation and the bmc will not do unless above stated procedure has been adopted.

1 Like

NK   09 August 2017

Thank you Akhtar sir and Kumar sir..for all the inputs. Thank you verymuch


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