1) on husband demise your sister should apply for mutation of house in her name
2) enclose husband death certificate
3) Latest property Tax paid receipt
4) affidavit that wife is the only legal heir
5) indemnity bond
Mutation of flat
Hi Team, there is one property on name of my brother in law(sister's husband). Flat is in builder floor house in indirapuram, ghaziabad, Utter pradesh. His death happened 2 years ago. There is also one ongoing house loan on property. Since my sister is non earning, so she is willing to sell the property. Property was registered on her late husband's name. There is no will. Agents are asking to get the mutation of property done. Please guide me about the process, expense and time required in process.
Asked 7 years ago in Property Law
Religion: Hindu
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3 Answers
We are having a legal heir certificate mentioning my sister's name and her two children. Elder child is a boy and just turned 18 yrs last month. I talked to few local advocate, who guided me to have legal heir certificate first then need to apply for succession certificate/ title declaration. They are saying mutation is not possible for this property. I am quite confused. They are also not clear about the total exense and time required.
Asked 7 years ago
1) succession certificate is only for movable debts and securities like shares, bank accounts
2) for immovable property you need letters of administration from court
3) it does not take more than 6 months
4) if property is flat in cooperative society apply to society for transfer of flat in sisters and 2 children name
5) expenses , time to be taken for mutation only local lawyer can guide you
Dear Concerned,
As you have the legal Heir certificate - on the basis of the same go and visit the Revenue office and on the basis of the death certificate and the Legal Heir certificate get the property transferred on your sisters and the major Son's name. Once done she would be able to sell the property .
Best of Luck
