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mutation and ownership certificate not available can we sell property


10-Aug-2023 (In Property Law)
We are not having municipal mutation and ownership certificate without this certificate we can not the sale of our property is it compulsory to sale? another bills like electricity , property assessment are available. If it is compulsory how can we apply and what should we do? Electricity bill & Property assessment are billed of my father name. Both my grand father & father are expired. in this case what can we do please suggest
Answers (2)

Answer #1
842 votes
hi,
you first apply to the municipal authority for mutation and ownership certificate by showing the death certificate of your father along with electricity and property tax bill of your father.
you required to produce family member certificate of your father to the municipal authority for verification. they will allot number and owner ship certificate to you.
it is not compulsory for the sale of property.
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Answer #2
737 votes
Hi
If you have the legal heir certificates of both your grand father and father, then you can sell the property as Legal Heirs.
It is NOT MANDATORY to have the Mutation and Registered Deed in the name of Seller.
However if the Mutation and registered deed id are in the name of the Sellers, the property normally gets a higher price as it is legally safe and proven. However people in order to avoid payment of stamp duty and registration fees for settlement / partition do not come forward to do this inspite of fees for stamp duty and registration fees for transfer in the name of legal heirs is very minimal(about 4% of market value of property)
In case you have time and money you should mutate the property in your name.
If you do not have the time or money immediately at hand, you and other legal heirs can sell the property without any issues as there are no legal restrictions.
Hope this helps

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