1) your mother needs to make application for mutation of property in her name
2) enclose your father death certificate, consent of other legal heirs , copy of sale deed by which father purchased property , latest receipt of payment of property taxes
Mutation of property (land) after death of person
Sir/Madam, My father has purchased land measuring 2263 sqft. in Deoghar district of Jharkhand in year 2008.Property is registered at Deoghar registry office.He died on 9 Dec, 2018 due to kidney failure.He was suffering from disease from 2007.Mutation of above said property was not done.What should I do for mutation of property in his wife's name. Kindly help.
Asked 6 years ago in Property Law
Religion: Hindu
13 Answers
Obtain a legal heirship certificate. Thereafter, all legal heirs must relinquish their respective shares in this property in favour of your mother. Then approach the office of the concerned revenue officer for getting this mutation done on the basis of LHC and release deed.
You need to approach the sub registrar office with death certificate and noc of all legal heirs. It will be done
1. On death of your father intestate his property is liable to be devolved upon his legal heirs in equal shares.
2. So in other words you , your siblings, if any have inherited the house along with your mother in equal share.
3. So at the time of mutation names of all the legal heirs would appear.
4. If you wish to mutate the property solely in the name of your mother only then you have to relinquish/transfer your respective shares in the name of your mother by a registered deed of gift to make her exclusive share holder of the property.
OPTION 01:
1. Since Deceased had not executed any WILL, hence file Petition before the local Civil /High Court, to issue "Letter of Administration", in favor of Mother, consequent to which the deceased's Property can be transferred appropriately.
OPTION 02:
2. Execute a proper Stamp Duty paid & Registered "Family Settlement Deed", by mutual signatures of all the residual legal heirs, wherein the property of deceased can be distributed amongst themselves.
3. Both above process shall confer absolute Title-Ownership of the deceased's property to the Mother / residual Legal Heirs, for futuristic purpose of Sale /Gift/ Lease /Mortgage /Donate /Whatever ....
If the property is bought in his wife's name then she has to pay tax if any paid in the past and request to effect name transfer.
If the land is not in her name then it will continue to be in the deceased name and the legal heirs are entitled to their shares as per law of succession if it is bought out of ancestral property funds.
See mutation of the property shall be in favour of all legal heirs if there is no will of the property by father.
You based on sale deed and death certificate and affidavit for legal heir certificate need to apply for mutation with tehsil dar.
The property belonged to your father and hence the mutation must be done wherein names of all the heirs of the family must be entered in the register. A parivar register is required and other proof that he was your father.
Regards
As you said property is registered with registrar than you have to apply in the circle officer for insertion names of legal heirs.
You can have legal certificate from court if they ask otherwise not needed.
Apply for legal heir certificate.
Enclosed death certificate and other relevant document of property and take noc from all legal heirs and make application of mutation of property in your mother name.
Mutation of property can be done by submitting an application before the concerned revenue department along with the death certificate of your father and NOC from all other legal heirs of your deceased father.
Dear Client,
Apply for legal heir certificate. Than apply at Tehsil office for mutation of name attaching copy of LHC and death certificate of father. Land will trasfer in both name And if you to trasfer in your mother name only than give NOC letter with application that you do not have any problem if land trasfer in mother`s sole name.
Dear client
First of all you have to obtain a legal heir certificate from tehsil office of the place where your father was living and then obtain relinquishment deed from all the other legal heirs of your father that is sons and daughter of your father they have to make the deed in favor of your mother.
Then after obtaining above things you approach mutation office with legal heir certificate, death Certificate of your father, purchase deed(registry), relinquishment deed pay required fees and get mutation updated in the office of mutation
