• Mutation issues

Hi. my father had purchased a property of 2 katha in dumriguri mouja of bagdogra area under the darjeeling district. registry was made in 2003 and the mutation had not been made yet. The registery papers was under bank possession as we had taken home loan. After completr payment of the loan when we got back the papers, my father had expired then. So, now when i need to transfer the property to my mothers name i learnt it has been transferred to somebody else's. I have my original registry documents and have physical possesion on the property. Is there any way i could get my mutation done? Please help me in priority.
Sincere thanks.
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

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

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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