Hindu dying Intestate- Clear Title documents

Originally posted by : Abhilasha Singh Rathore
	A, a hindu died, intestate. His widow and his son are SUPPOSEDLY the only legal heirs Now, Hindu succession act will come into play and they will acquire title They have mutated land in their names and sold the property to B through registered Sale deed. Now C is taking a loan from my Bank to purchase this property.My question: 1. How will Bank be sure that they are the only legal heirs and there's no more? ....Since, A Succession certificate is made in respect of movable assets and A legal heir certificate is just for transactions upto 5k issued by TehsildarsMutation records doesn't confer title, they are just for revenue purposes.What documents should I take for clear title and know of legal heirs.

The Bank shall have to verify pedigary of LRs.

At the time of sanctioning of mutation the Tehsildar verifies surviving members of the deceased provided by LRs on affidavit.

Verify from area PatwariSub-Registrar and revenue records  

It is the duty of the Sanctioning authority to obtain a clear legal opinion, and proceed mortgage formalities as per opinion.  Enjoyment and possession is equally important.  

What are the dates of each event?

1. Date of death of the original owner
2. Date of mutation
3. Date of Sale

Further, You say yours is a bank. Don't you have a Legal Department to whom normally all such matters are referred?  Even in the case in your bank, the approval of the Legal Scrutiny is delegated to the Branch Manager, if or when you get a doubt, you can very well refer the matter to your in house legal experts.

On the death of the previous owner, the property had been devolved upon the legal heirs by operation of law. And the competent Revenue Authorities, following the prescribed procedure, has carried out the mutation in favour of the mother and son. The process is complete in self as to who are the legal heirs and there is nothing that warrants the  title to be less than  clear. The dictum "Mutation does not confer title" ,  to my knowledge,  is of no application in the facts of the case.