• Mutation or Legal heir certificate

I have a property which is registered in my mother's name. She died one and half year ago. My father died in my childhood. I am the only son. Now I want to transfer the property( vacant land, residency plot) in my name. 

1) Please suggest me whether mutation is enough or can I go for legal heir certificate to register the property in my name. 

2) What is the difference between mutation and legal heir certificate. 

3) status of property: Originally its a layout approved by municipality in the name of housing society. From then onward municipality started to impose vacant land tax. Later some xyz registered in their name. After that my mother purchased the from xyz and registered in her name. Now vacant land tax is in the name of society only ( no one had paid the tax till date). When I contact the municipality they informed me that mutation will not be done as the tax is in the name of housing society and registered documents are in the name of my mother. In this situation what should I do. Please advise me. 

4) If i opted for mutation can I sell the property in future with out any legal issues?. 

5) If I opted for mutation what are the legal rights do I have on the property?

6) Let me the know the legal validity of mutation?

7) If I go for a legal heir certificate what would be the cost.?
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

since your mother died intestate for transfer of property in your name legal heir certificate would not serve the purpose

2) Legal Heir Certificate is only issued from revenue office of the district to identify a particular deceased persons living heirs.you would require Original copy of death certificate of your mother , affidavit

3) for transfer of property you need letters of administration from district court

4) Mutation is the transfer or change of title entry in revenue records of the local municipal corporation. By mutating a property, the new owner gets the title of the property recorded on his/her name in the land revenue department and the government is able to charge property tax from the rightful owner.

5) you can sell the property in future but better obtain LA from court to confer clear and marketable title to property

6)legal fees vary depending upon lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

1. Mutation certificate is mere recording of name in Revenue Records of the state. it is not the substantive proof of title and one require title to establish such title.

2. Legal heirship certificate is issued by Tehsildar or District Judge which proves who are the persons who inherits the proeprty of the deceased.

3. File writ petition in high court.

4. Mutation is not necessary to sell a property and without it also you can sell it.

5. If there are more than one legal heirs then all of them are to be included in the Mutation Certificate.

6. Already discussed

7. Cost varies. Talk to a lawyer.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. If there are no other legal heirs/successors in interest and ther can be no rival claim in the future, you can apply for mutation of revenue records on your name.

2. Mutation is transfer of records to your name, legal heirship certificate is a certificate issued by the revenue department mentioning the names of the successors to your deceased mother's estate.

3. You have to obtain a legal heirship certificate from the revenue department, and along with the death certificate of your deceased mother, legal heirship certificate, you may apply for mutation of revenue records to your name after obtaining NOC from the Housing society.

4. After transferring all the records in your name, you will acquire marketable title to the property, then you can sell the property

5. same as above

6. same as above

7. The cost should be enquired locally with the consultant whose services you would engage.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

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