Hi sir, We purchased a flat on my mother's name and she died in 2010. Registration is done but proper tax I still on the old owner name. I am the nominee of the house . So now becz already it is 7 years after registration will that property belongs to old owner as the tax paid on his name? What is the solution. Please advise. Thanks , Kumar
Property tax recipt are based on mutuation and mutation alone doesnot conference ownership you can get the mutuation record retired it will not be of old seller.
File an application for mutuation along with property documents with revenue officer he shall order the change of name of records.
Take help of local lawyer he shall make an application and formality.
Entry in revenue records does not confer title to property . It is only for payment of property taxes
2) your mother was absolute owner of property as she purchased it by regs sale deed
3) apply for mutation of property in name of legal heirs . Consent of seller is necessary for mutation purposes
Mutation is costly? Do I need to contact old owner for mutation?
No you don't need to contact old owner neither it's costly .
It just updating your name in records you will give application, the sub-Registrar shall give a notice and a report from talti/ revenue office than it will be updated.
For mutuatiotion there is only the minimal fee on application and the lawyer also will charge a very small amount for drafting and procedure.
You can do it yourself also.
In case of normal sale: Application form, Sale Deed Copy, Aadhaar Card, Pattadar Passbook, and receipt of up-to-date property tax payment.
No, this will not belong to the old owner, just because his name still exists on the revenue records.
You're advised to obtain a Share Certificate/legal Heirship certificate, and on it's basis, get this flat mutated in the name of the legal heirs of your mother.
Getting the mutation done is of utmost importance.
It is not costly affair
You need to contact old owner fir mutation purposes
You need to apply for change of the name in municipal record by providing the first 2 and last 2 pages back to back copy of registration paper and municipal tax officer will change it to your name . No mutation needed.
Hi, you can still transfer property in your name. You need to have an affidavit from old owner that the said property has been sold to you or follow the existing byelaws to get your property transferred in your name. No matter who has paid the taxes, you are the owner of that property.
Documents required for mutation
Death certificate Copy of Will or succession certificate Indemnity bond on stamp paper of requisite value Affidavit on stamp paper of requisite value, attested by Notary Clearance of up-to-date property tax
The owner is not required for the purpose of the mutation
1. File Proper Application, Affidavit, and other related documentary evidences, alongwith the Certified copy of the Registered Agreement and submit the documents to the Property Tax department, who would affect transfer on its records.
2. The Authorised Legal Representatives /Legal Heirs can conduct the above procedures.
3. CONSEQUENT to the Registered Deed, the Old Owner can NEVER EVER claim any rights over the property, irrespective of the Tax receipts on his name.
Keep Smiling .... Hemant Agarwal
You have to submit registration papers in the municipal corporation for mutation purpose or let property tax come on your name.
Hi,
You are suggested to approach local registrar office with the death certificate of mother and do the needful.
You have to take steps to get the records transferred to your name by obtaining NOC from other legal heirs of your deceased mother.
You can apply for name transfer on the basis of registered sale deed in your mother's name and legal heirship certificate along with the NOC from other share holders
You may enquire about the other formalities from the revenue department in the local for this purpose.
You can ask the vendor to cooperate for this name transfer.
Mutation of revenue records is another routine formality after purchasing an immovable property.
The cost for mutation will not be exorbitant.
You may take the assistance of a local advocate in case of any problem.