On mother demise property would devolve on you and your 2 sisters equally
2) apply for mutation of property in name of legal heirs
3) enclose mother death certificate
3) if no objections are received mutation would be done in name of legal heirs
Mutation of landed property of Mother died before Ammendment of Hindu succession Act, 2005
Can I carry mutation of property purchased by my mother? If so in which Act? My father died in the year 1965. My mother died in the year 1990. I am Hindu by religion. I have two married sisters.
Asked 6 years ago in Property Law
Religion: Hindu
13 Answers
Please advise, how can I convience the Tahsildar, Balasore, Odisha for mutation of my died Mother's landed property in my name? Is there any clarification/ Circular/ Order from Revenue Department of Odisha?
Asked 6 years ago
Your sisters have to execute gift deed or relinquishment deed for their one third share in property
2) it should be duly stamped and registered
3) then only mutation of property can be done in your name
Please approach the concerned authority with the Death Certificate first and submit documents in the requisite form and with accompanying affidavit. I would suggest you approach a reputed advocate near to your residence or place of work so that it is logistically easier to consult and take advice. This should not be difficult provided there is no Will or any other document giving rise to any other parallel claim such as siblings or benficiaries.
You have to get legal heirship on your name documents and certificate from tahsildar and get registered property papers on your name.
See you along with other legal heirs can inherit your mother's property under hindu succession act and can apply for mutation of same on name of.you and your sisters.
See sisters shall.have equal right if they relinquish there right in your favour by registered deed complete property can be mutated in your name.
Obtain a legal heir certificate of your mother first.
Then produce this for mutation in favour of legal heirs. This is the common way for mutation.
No clarification is required. This is done as per law.
first obtain legal heir certificate from tehsildar
Your sisters have equal share in mother property, your sisters have to execute gift deed or relinquishment deed in your favour.after executing relinquishment deed you can registered property on your name.
you can obtain the legal heir from the Tahsildar or district civil court. If the certificate is not issued within a reasonable period then the person concerned can remind the tehsildar and in a case of not getting any response the person can contact the concerned RDO/sub-collector.
Yes you can file application for mutation of property as per Hindu succession act by applying for legal heir certificate of your mother.
You can get it done by taking auccession certificate if you don't have will
If the property belonged to your deceased father and he is reported to have died intestate then the property shall devolve equally on all his legal heirs i.e.,you and your siblings.
Therefore, if you want this property to be mutated on your name alone, then you may have to get a registered release deed executed by both of your sisters relinquishing their rights in the property in your favor, after which you can become an absolute owner of the proeprty with clear and marketable title.
You cannot convince Tahsildar by giving incorrect or wrong information about the successors to the property.
You and your sisters are entitled to a rightful share in the property equally, hence you may have to follow the suggestions made in my previous post in order to get the property mutated to your name alone.