on your father demise apply for and obtain letters of adminstration for property in your mother name

2) consent affidavit can be executed by other legal heirs

3) if no objection is received mutation would be done in name of legal heirs

4) then apply for mutation of property

5) if property has been mutated in third party name apply to revenue authorities to remove that person name . rely upon original documents to prove that father had purchased property by regd sale deed . . emnclose father death certifcate and for mutation in mother name

1. Have you conducted a title search in the office of sub-registrar to ascertain who is the third party to whom the title has been transferred? If your father had transferred the title during his lifetime then mutation of inheritance cannot be sanctioned in your favour.

2. At this stage you should engage a local lawyer to conduct a title search to find out who is the present title holder and how the title was conveyed to him.

file RTI application as to on what basis property has been mutated in name of thrid party

2) if it is fraudelent transaction you will have to apply to revenue authorities for removal of name of third party in revenue records

The property revenue records could have been mutated during your father's lifetime itself even though he had availed loan on the property.

The photocopy of the same could have sufficed the requirement.

Well even now as legal heirs to your father/buyer, you all can apply for mutation of property records directly to your names on the basis of documentary evidences in your possession

You may move the revenue department with an application.

After getting this mutated you can decide about transferring your rights in the property to your mother as per your proposal/desire.

What if the third party doesn't give a NOC? What would be the necessary steps taken to resolve this. Please dilute the explanation. The mutation hadn't been made till date. That's another point.

If the third party is refusing to give NOC then you can directly move the authority competent for this purpose, he would make an inquiry into the records held by both sides, hear both the sides, and may pass an order as per law to this.

You can take the help of a local advocate to sort this out legally.