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MUTATION OF PROPERTY AFTER DEATH OF ONE HOLDER


23-Feb-2023 (In Property Law)
MY FATHER AND MOTHER JOINTLY HOLD A PLOT OF 2 KATHAS UNDER KALYANI MUNICIPALITY, WEST BENGAL. MY FATHER DIED ON DECEMBER 2006. TILL NOW ALL PROPERTY TAX PAID IN TIME.I AM THE ONLY SON AND THREE SISTERS. PRESENTLY ALL MY SISTERS ARE MARRIED AND LIVING IN SEPARATE TOWNS. I ALONG WITH MY MOTHER STAYING IN THAT PLOT. IN FEBRUARY 2020 I HAVE TRANSFERED THE PLOT IN MY NAME THROUGH GIFT DEED REGISTRATION, 01 KATHA FROM MY MOTHER AND REMAINING 01 KATHA FROM MY MOTHER AND SISTERS. I HAVE APPLIED FOR MUTATION OF PROPERTY IN LOCAL MUNICIPALTY BUT THEY RETURNED THE APPLICATION SAYING AFTER THE DEATH OF FATHER WE ALL LEGAL HEIRS SHOULD HAVE DONE DEATH MUTATION OF THAT PROPERTY. WITHOUT DEATH MUTATION WE ARE NOT LEGAL HEIRS OF THAT PROPERTY. SO GIFT DEED REGISTRATION IS LEGALLY INVALID. PLEASE SUGGEST ME THE LEGAL OPTIONS.
Answers (2)

Answer #1
642 votes
prepare an affidavit stating the title history i.e when your father died how many legal decendents he left, then how you became owner to the property how many of u are there as owners of the property, carry all your documents like admit card, marksheet, or aadhar in which ur father's name is mentioned alongwith his death certificate. you have to represent yourself to 1st class jd. magistrate. you need a lawyer too.
People also ask

Can mutation be done in the name of dead person?

In certain cases, it is necessary to provide a legal inheritance certificate in order to establish the legal heirship status of the son. The local revenue authority can provide this certificate. The son must then apply for the change of records after obtaining the legal succession or heirship certificate.

Is mutation necessary for inherited property?

Access to government services. After mutation, a new owner is eligible for a variety of government services such as utility connections and loans secured against the property. Inheritance: It is important to perform mutations in the case of inheriting properties. 01-Aug-2023

Who is legal owner of property after death?

The Hindu Succession Act of 1956 states that if the deceased property owner does not leave a will behind, then the legal heirs inherit the assets according to the order given. The legal heirs of class-I are given first preference. Close relatives, such as spouses, parents, children and their descendants, are given first preference.

  
Answer #2
239 votes
If you are the heir, you can request a mutation of the property. You will need to provide a death certificate and a copy the owners will. Also, you must submit an indemnity on stamp paper of Rs 100, an affidavit of Rs 10 stamped paper that has been attested by notary.
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