Father of ABCD and E (Sunni Muslim) passed away in the year 1984 leaving behind inherited ancestral agricultural Plots in a village in Bihar. A,B,C,D (one brother and three sisters) gave a GPA in favour of " E", their eldest brother all powers including sale, mortagage, lease, rent etc of Agriculture plots inherited from their father (as the four are in Government Service posted in cities) vide GPA in the year 1996 which was attested by a Notary. The agriculture Plots are still in the name of their late father as the GPA holder has not submitted application for Mutation of the Plots in the name of the Sons and daughters of the deceased. Question: Can the GPA holder E submit a "Petition for Mutation" of inherited agricultural plots: 1.in his name (on behalf of his brother and sisters) in the concerned revenue Anchal office in Bihar 2. On the basis of the GPA which was signed in 1996 and was attested by a Notary.
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The GPA holder E (has not taken out a Legal Heir Certificate till date even though his father passed away in 1984. Question: Is it essential to submit a Legal Heir Certificate to the revenue authorities in connection with the Petition for Mutation of the agricultural plots in the name of the legal heirs of the deceased who passed away in the year 1984,
The GPA is not valid as per the mutation records are still on deceased father's name. And for sale deed GPA is not valid as per SC. So better to make relinquish deed in favor of E, by other legal heirs share.
First get the property card updated on all legal heirs on immediate basis because those legal heirs may be old now a days.
GPA holder can submit application for mutation on behalf of legal heirs
2) notarised GPA would be valid
He should submit legal heir certificate for mutation of agricultural land in name of legal heirs
1. ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to "ANYBODY", irrespective of relationships.
NOTE: Notarized POA/GPA, is legally not tenable /acceptable by authorities, for immovable properties, as per a SC order.
2. POA may have strategic clauses and time limitations of the deal (payment terms, validity time period of the POA document ....), for safety of the POA giver.
3. POA can be registered "ANYWHERE" in India, before the local registrar of sub-assurances and shall be valid throughout India. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.
4. POA document can be endorsed abroad by the local consulate office and SUBSEQUENTLY stamp duty paid and registered in India, for it to be legally enforceable.
5. IF person CANNOT go to Registrar office to register POA, THEN Registrar's officer can be requisitioned to visit home, to register POA, on payment of due fees by following due procedure of law.
1. See the mutation will be done in all names for that earlier GPA can be cancelled and fresh GPA can be issued.
2. Issue a fresh GPA it's old and department may ask for new GPA or living certificates.
Yes the certificate is required to ascertain the legal heirs and same is required for mutation.
If you have will then no need for Succession certificate. Mutation will be easily done
1. The GPA holder can give an application on behalf of his principals but he cannot get the entire property mutated on his name alone even though he is one of the legal heirs of the deceased property owner, provided he has been authorised to do this task by reciting the same in the said deed.
2. Yes, he can do it subject to the conditions as stated above.
Until the legal heirship certificate in respect of the deceased property owner is not given the list of successors cannot be ascertained by the authorities concerned, hence it is essential to submit the legal heirship certificate along with the application for requesting the mutation of revenue records.
Yes, holder E can submit for mutation .
GPA is compulsory registrable document. Notarized Gpa is not valid.
For mutation of property in such cases, applicants have to submit a LHC.
Not on his sole name without transfer of ownership and revenue authority can demand LHC to confirm/verify who are legal heirs of deceased.
1. Yes he can submit petition for mutation of properties on his name on basis of GPA issued in his name.
2. Yes it is mandatory to submit legal heirs certificate for purpose of mutation of properties.
