• Mutation of property

Sir, property of my father made by mp housing board , Gwalior i have one brother and two sister now i want to transfer the property to my mother name , in the salesdeed my father clearly write that my mother is the owner of property after the event of my death ,here mother wants to give whole property ( house)to me and here housing board wants affidavit of acceptance from my brother and sister otherwise mutation cant done by them under my mother name , sir what is the Solution for mutation
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

If father had executed a will bequeathing property to your mother apply for probate of will

 

2) probate is judicial proof that will is genuine 

 

3) notice would be issued to legal heirs 

 

4) if no objections are received probate  would be done in mother name 

 

5) if objections are received it would get converted into testamentary suit 

 

6) if Will is proved you would get probate of will then apply for mutation of property in your mother name 

 

7) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Sir,

Mutation of property is necessary.

Procedure of mutation of property 
Mutation is the recording of a transfer of title of a property from one person to another in the revenue records. The documentation procedure to be followed and the fee payable vary from State to State. The mutation in the municipal records is for the purpose of payment of property tax, and it does not mean a legal title for the person in whose name the property has been mutated in the municipal records. 
An application to the tahsildar on a plain paper, along with a non-judicial stamp of relevant value, has to be made. 

Details to be furnished with application: 

>> Area in which the right has been acquired 

>> Description of the right acquired 

>> Name, parent's name, and address of the person from whom the right has been acquired 

>> Manner in which the right has been acquired 

>> Name, parent's name, and address of the person who has acquired the right 

>> Date on which the right was acquired 

>> Copy of document on the basis of which the mutation is sought - sale deed, Will etc 

A proclamation is issued inviting objections to the proposed mutation and specifying the date, not less than 15 days from the date of the proclamation, up to which any objection to the mutation will be entertained. The Patwari submits his report in the prescribed format. The statements of the parties are recorded. The contents of the documents are matched with the recorded statements. In case no objections against the proposed mutation are received, it is sanctioned. 

Any party aggrieved by an order of mutation can file an appeal before the Additional Collector (or the Deputy Commissioner) concerned within 30 days of the order. 

Documents required for mutation: 

In case of Will: 

>> Death certificate 

>> Copy of Will or Succession Certificate 

>> Indemnity bond on stamp paper of requisite value 

>> Affidavit on stamp paper of requisite value attested my a Notary 

>> Receipt of up-to-date property tax payment In case of Power of Attorney: 

=>> Application for mutation with court fee stamp affixed on it 

>> Indemnity bond on stamp paper of requisite value 

>> Affidavit on stamp paper of requisite value 

>> Receipt of up-to-date property tax payment 

Sometimes, an indemnity bond giving an undertaking that the executant indemnifies the municipal corporation in the event of a dispute arising from the mutation made upon his application is sought. A rough site plan showing the different portions of the building, with details of those occupying these portions, may also need to be furnished. 

The prevalent rate of transfer duty on the consideration amount and the mutation fee should be paid. If an entire building or plot has been sold, the mutation may be allowed on payment of up-to-date dues. In case of sale through an agreement to sell, it is done on payment of transfer duty on the prevalent rates. 





Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

See in absence of will of father sale deed is not will therefore the relinquishment deed from the brother and sister is required to give complete rights to mother as they have share in the property too so you need to take registered relinquishment deed in favour of mother.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1.  Death clauses CANNOT be written in a Sale Deed and neither is sale deed any type of WILL.

2.  IF father has expired, THEN all the residual legal heirs have EQUAL share in his property, and proper NOC /Affidavit or Letter of Administration would be required, for clear title mutation of his property

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1) Instead of mentioning that clause in the dale deed your father should have made WILL on your mother's name.

 

2) Because as of now you all siblings and mother are the legal heirs of the property so housing board are asking non objection letter from other members of family.

 

3) Now all siblings and mother name can be entered on property card later can sign relinquish deed on your mother's name.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hello Sir,

Please be advised as follows:

Firstly, I would like to get clarity on the fact that the document on which your father has written what you have stated in your query was it a sale deed or a will ?

  • If it is a sale deed signed by your father that means your mother already has the title of the property in entirety  and once she is the true and complete owner of the property holding the entire titleship, she can easily transfer it to you without seeking permission or without any kind of affidavit from your brother or sister.
  • If it is a WILL then before transferring the ownership from your mother to yourself you firstly get it transferred to your mother. This would be done when you would go to the regional sub registrar's office of the local municipal authority and show them the sales deed and then they would inform you about the mutation and all other process. Subsequently when the ownership exclusively lies with your mother then you can ask her to transfer it to your name exclusively which can be accomplished through other legal instruments like GIFT under Section 122 of the Transfer of Property Act or through a Will which however would only be executed after the life term of your mother. 
  • If the property of the MP Housing board was a self acquired property of your father then you need not give any affidavit on behalf of your brother and sister. 

You can get back to me in case of any doubt.

Thank you for your time and Consideration.

Harshit Singh Jadoun
Advocate, Noida
68 Answers
2 Consultations

Yes sale and will are different document so you have to get there rights relinquished.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Alright Sir,

In that case, if it is a sales deed then your mother already possess a title over the property and she is entitled to transfer the property to you solely.

For your area you can come in touch with the Pradhan of the Area who may verify on your part that all the evidences are true with respect to the land and sales deed and mother is the true owner of the land which would help you get it transferred in your name.

However, to be on a safer side, you please get the land mutated on your mother's name in the local revenue records to avoid any kind of dispute in future with respect to the property.

Get in touch whenever you wish to sir.

Thank you for your time and Consideration.

 

Harshit Singh Jadoun
Advocate, Noida
68 Answers
2 Consultations

On the basis of the legal heir certificate, the legal heirs have to approach the Authorities for mutation of the property in their name.However, you want that the property should be registered in your mother's name. For this, all the other legal heirs have to execute a Registered Relinquishment Deed relinquishing their respective shares in the property in favour of your mother. The Relinquishment Deed will involve very small stamp duty and registration fee

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If the said property is self acquired property and he has mentioned in the will that the same is exclusively given to mother then other legal heirs doesn't have any right.  Other wise legal heirs noc will be required

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

It is necessary to peruse sale deed to advice 

 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Such declaration in sale deed has no value, who actually contributed in purchase will be actual owner and after his death, his legal heirs will inherit 1/5th share each.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear sir

For mutation of property in your mother name after demise of your father you have to give the affidavit or relinquishment deed from all the legal heirs of your father that is you, your brother and sister for transferring of property in your mother's name. 

After that the sale deed can be formed by your mother to your name without affidavit of any of the legal heir of your Father as your mother will be sole owner of the property.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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