Aaditto Shen (Field Director) 29 July 2020

Intestate death - transfer of rights to immovable property

Background:-

My maternal grandmother (Hindu) died, intestate, last year (2019).

She had two daughters - both passed away BEFORE my grandmother (my aunt in 1998 & my mother in 2017).

My aunt had no issues - and I am an only child. So, I am the sole surviving heir of my maternal grandmother.

My Issue:-

My grandmother was the sole owner of a 2BHK flat, in Kolkata - on the Ground floor of a G+2 apartment. The apartment is 22 years old.

I am already in the process of TRANSFERRING the title of this flat (Mutation) - through the Kolkata Municipal Corporation (KMC) - from my grandmother name (recorded owner) to MY NAME.

The mutation application is already under process - and as per KMC information, I should be receiving the MUTATION CERTIFICATE in a few days from now.

My query:-

(a) Is this 'Mutation' process ENOUGH - to 'transfer' the RIGHTS/ OWNERSHIP of this property to my name?

(b) Do I also need to execute & register some sort of a 'DEED' - in order to complete the transfer of rights?

(c) If I want to SELL this property - AFTER it has been successfully Mutated to my name - what DOCUMENTS would I require in order to facilitate such a SALE (to a third party)?

Thank you, in advance, for any advise...

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3 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 29 July 2020

Hello,

No need to register any other document after effecting mutation entry in your name in land records / municipal records. Mutation entry is enough to prove your title. I suppose you have avail legal heirship certificate from court and on that basis you have effected mutation entry. So legal heirship certificate and mutation entry is sufficient to prove your title and on that basis you can sale the property to any other person.

Aaditto Shen (Field Director) 29 July 2020

Hello,

Thank you very much for your clarification.

However, as per KMC Directives (Kolkata Municipal Corporation), a "legal heirship certificate from court" was NOT REQUIRED, while applying for the mutation.

Affidavit of Heirship & Affidavit of Succession (Notarised) was enough to apply for the same.

Both of those mentioned Affidavits were submitted in original with the KMC application.

So, for the purpose of SELLING the property - would I NEED to procure a "legal heirship certificate from court" - even after the MUTATION has been affected in my name?

Thanks again.

Originally posted by : SHIRISH PAWAR, 7738990900
	I suppose you have avail legal heirship certificate from court and on that basis you have effected mutation entry. So legal heirship certificate and mutation entry is sufficient to prove your title and on that basis you can sale the property to any other person.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 29 July 2020

1. To prove TITLE of a property, there should be a proper document like Sale Deed, Gift Deed, Release Deed, Donation Deed or a specific Court Order.

2. Legal Heir Certificate or Succession Certificate does not confer any Title Ownership and is legally infructuous as far as immovable property is concerned. Mere Transfer of name in Revenue /Municipal records does NOT confer any Title-Ownership of property and neither such document is classified as "Sale Deed, Gift Deed, Release Deed, Donation Deed or a specific Court Order".

3. For Clear Title-Ownership of said property, You would need to obtain a "Letter of Administration" for the property from High Court, without which any false /true claimant can arise up to claim property.

4. A prudent Buyer party's "Property Lawyer" would require aforementioned deed to verify Title documents (which you would not be having, since you got it mutated via an application) for determining "Clear Title" of property. Such mentioned deeds also be required by buyer party for purposes of Bank Loan /Mortgage.

Keep Smiling .... Hemant Agarwal
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