• Father purchased property registered in 2000, but no mutations done at that time now he died

My father had purchased a property in the year 2000, in Loni, Ghaziabad. 
At that time he haven't applied for mutation, I don't know what is the reason behind that.
Last year He expired, leaving behind family members of
Wife, 1 Daughter, And 1 son.
Now my Question is.
1) Which deed We have to prepare for transfer of ownership? Is Gift Deed the right option or we have to sign Relinquisment Deed Compulsorily?
2) Is the Stamp Duty on Relinquisment Deed and Gift Deed Same in Ghaziabad Uttar Pradesh?
3) Is the Stamp Duty on Gift Deed equal to buying a property at Circle Rate?
4) Can this property get directly mutated in the name of my Mother as Both of us the children want the registration of property in my Mother's name? Note - property is not mutated in my father's name yet, the name of seller of land in 2000 is still recorded as onwer of the land in up land record.
5) What will be the procedure for mutation, after Relinquisment Deed or Gift Deed?
6) Is it permissible to apply for mutation after almost 20 years?

Kindly help me in this as it is creating lot of confusion for us.
Asked 4 months ago in Property Law
Religion: Hindu

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18 Answers

1. Execute a proper Stamp Duty paid & Registered "Family Settlement Deed", by mutual signatures of all the residual legal heirs in favor of Mother, wherein the property of deceased can be transferred to Mother.

2. Thereafter make proper application to the Tahsil office alongwith the original purchase deed and above deed and request for mutation /transfer in name of mother.

3. Above process shall confer absolute Title-Ownership of the deceased's property to Mother, for futuristic purpose of Sale /Gift/ Lease /Mortgage /Donate /Whatever ....

Hemant Agarwal
Advocate, Mumbai
5441 Answers
25 Consultations

5.0 on 5.0

Mutation has to be done in name of legal heirs . Request seller to sign on application for mutation 

 

2) enclose father death certificate.!you and sister can execute gift deed in favour of mother to transfer your share in property 

 

3) it should be duly stamped and registered 

 

4) not necessary to execute relinquishment deed 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

When property is not registered in your fathers name so you have file suit for declaration court against vendors or their legal heirs after that you get mutation in the joint names of you three. You are declared as owner on the principle of adverse possession also. Discuss

If a person does not protest someone illegally occupying his property for 12 years, then the squatter would get ownership rights over that property, the Supreme Court has ruled.

 

A bench of Justices R K Agrawal and A M Sapre said if a person proved actual, peaceful and uninterrupted possession of a property owned by another for more than 12 years, “a case of adverse possession can be held to be made out which, in turn, results in depriving the true owner of his ownership rights in the property and vests ownership rights of the property in the person who claims it”.

 

However, the bench put in a caveat by ruling that such a person (squatter) must necessarily first admit ownership of the true owner over the property and make the true owner a party to the suit before a court for claiming ownership over the property through adverse possession.

This ruling came in a case where a Muslim man had claimed ownership over a property through adverse possession in Jalgaon of Maharashtra. He had attempted to advance the plea of adverse possession to claim ownership rights over the property, which was inherited by a Muslim woman after the death of her father.

 

Setting aside a Bombay high court order in favour of the man, the SC bench said, “When both courts below held and, in our view rightly, that the defendant has failed to prove the plea of adverse possession, then such concurrent finding of fact was unimpeachable and binding on the HC. The HC erred fundamentally in observing that it was not necessary for the defendant to first admit the ownership of the plaintiff before raising such a plea.”

In other words, whether Article 65 of the Act only enables a person to set up a plea of adverse possession as a shield as a defendant and such a plea cannot be used as a sword by a plaintiff to protect the possession of immovable property or to recover it in case of dispossession

Kishan Dutt Kalaskar
Advocate, Bangalore
5583 Answers
218 Consultations

4.8 on 5.0

1.The properties lying on your father's name shall devolve equally on all his legal heirs.

If you want this property to be on your mother's name alone then you and your sister can execute a registered release deed relinquishing your rights in the property.

2. The stamp duty will differ for each other document execution.

3. The stamp duty will differ from one document to the nature of other document to be registered.

4. Yes you can do it.

5. You can apply for mutation of the revenue records before the local revenue department, you will be informed about the procedures to be followed in this regard.\

6. yes, it would be possible.

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

1. To get the property mutated in your mother's name, you have to obtain a prescribed application form from the jurisdictional/ Corporation Municipality and get it filled up with the details and enclose copies of Sale Deed in your father's name, father's death certificate, latest tax paid receipt, family tree or legal heirship certificate, NOC from you and your sister.

2.  There is no time limit for mutating the property in the revenue records of the jurisdictional Corporation/Municipal offices.

Shashidhar S. Sastry
Advocate, Bangalore
3236 Answers
175 Consultations

5.0 on 5.0

You don't require any deed for transfer the property, your father purchased the property but could not mutuated it whatever reason, after his death, now you are owner of that property as per sale deed which is in favour of your father. Now, you have to apply for mutuation proceedings, for what, you apply through application alongwith sale deed and other documents related to death of your father and other documents i.e. Rashan Card, Voter Card, Adhar Card etc etc .

Relinquishment deed and gift deed are two different mode of transfer of property, by Relinquishment deed, you just relinquish your rights related to particular property and by gift deed, you just gift that property to the receiver. Gift can be given to anyone but relinquishment deed can not executed to the family member who have share in particular property. There is no difference in stamp duty of relinquishment deed and gift deed.

 yes, you have  to pay same fees on gift deed equivalent to circle rate.

Yes, the property can be mutuated in the name of your mother, the process already described in the first para.

 

Ashish Pandey
Advocate, New Delhi
21 Answers

Not rated

First you can perform Mutation papers with the help of sale deed registered by your father in he year 2000.

 

Later get transfer mutation papers from your father's name ti all legal heirs.

 

If the sale deed is registered and possession of property with you then no need to worry about it.

 

First get the property inherited on legal heirs name, later on decide it retain it on whose name accordingly that prepare relinquish deed. 

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

No deed will execute. Non mutation dose effect title. On your father demise, his property inheirted by 1/3 each in all three. Apply for Lgeal heir certificate. Than apply for mutation in joint name enclosing copy of death certificate, LHF and sale deed through which father purchased the property.

If want to transfer in sole ownership in mother than have to execute release deed, stamp duty will levy.

Mutation can be done any time and along with above documents, copy of release deed will also enclose than land will directly transfer in your mother name.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

You can execute gift deed and family settlement deed in the above scenario. 

Yes stamp duty is almost same in question 2 and 3

You need to do the needful with the registered gift deed and inform the authority for mutation. 

Yes you can apply mutation any time

 

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

1. On death of your father his widow, son and daughter inherits his property in equal share. 

2. The requirement of these deeds arises only when you want to make any one of you as its sole and exclusive owner. 

3. Stamp duty depends on present circle rate but it's much less for gift or release deed from sale deed. 

4. Yes. She can apply for her own name mutation. 

5. It's a filling up of a form and declaration.  It's an easy process. 

6. Yes.

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

1. See on demise of father his legal heirs that is mother if alive wife and children gave equal share in property no deed for same is required you may apply for situation of property vide an application along with death certificate of father.

2.if you want to transfer the property to mother you may gift your share through registered gift to your mother.

3. After gift deed complete property can be mutated on name of mother.

4. Yes you may file before municipal authority for mutation of the property after twenty years same is not barred.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

Dear sir,

By what way the property is purchased by your father if it so by sale deed then you can approach for inheritance certificate by submitting documents of sale deed , khata and death certificate of your father and get the property transferred into the name of your mother as well if want it can be transferred equally amongst all the 3 members ie mother and u both sister and brother; 

Gift deed nor relinquishment deed is not the right option as your father is expired it should have been done during the period when he was alive ; 

Here when gift deed is not a valid document to transfer property question of stamp duty wont arise; 

Yes it can be mutated to your mother name if sale deed is registered and genuine nothing to worry it can be transferred to your mother name; 

Yes you have to apply for mutation its mandatory; 

Ayesha Sultana
Advocate, Bangalore
281 Answers
1 Consultation

Not rated

1. Since, your father died without leaving WILL , hence his property would be devolved upon all the legal heirs i.e wife, daughter and son . 

- Further, if you  & sister want to give their respective share in the name of mother , then you both should execute a registered relinquishment deed in her favour. 

2.  The registration fee of  Gift Deed in Uttar Pradesh is 2% of the consideration value, whichever is higher, However, minimum registration fee that can be charged on a gift is Rs. 100 and maximum Rs. 20,000/-.

- The registration fee of Relinquishment deed, stamp duty is 6% in the case of men and 4% in the case of women. Registration fee of a Relinquishment Deed is 1% of the total value of Deed along with Rs. 100/- pasting charge

3. You should contact locally 

4. Yes, you mother can apply for mutation in her name . 

5. After getting the full share in her favour , she can apply for getting mutation after enclosing address proof of her husband and death certificate including her ID and address proof. 

6. Yes, 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

1. You have to go for Relinquishment deed.

2. No, its lesser for gift deed.

3. No

4. Yes, based in Death Certificate of your father. 

5. Simple application in land revenue office. 

6. Yes.

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

if he died without a Will, then the property will devolve amongst all legal heir. you, your mother and other siblings will be legal heirs. 

if you want to transfer said property on your mother name then execute gift deed or relinquishment deed in favour of your mother.. 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

1. On his intestate demise the property has devolved through intestate succession on his widow and children equally.

2. Relinquishment deed is to be executed only if one of the heirs is to relinquish his share in favour of another. The deed has to be mandatorily registered.

3. So far as the question of stamp duty is concerned it can be answered by only a local lawyer.

4. Mutation can be applied after 20 years.

Ashish Davessar
Advocate, Jaipur
29956 Answers
864 Consultations

5.0 on 5.0

You should apply for the mutation alongwith the succession certificate. No deed is required.

Swarupananda Neogi
Advocate, Kolkata
2904 Answers
6 Consultations

4.7 on 5.0

1. You all legal heirs need to get the property mutated on your name and then apply for registration deed in your favour.

2. Relinquishment deed or gift deed can be executed only if property is already on your name or owner is alive to execute these deeds. 

3. Stamp duty and registration charges differs from state to state and it is according to circle rate of property.

4. Yes for that you need to execute a settlement deed in favour of your mother.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

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