• Mutation of property after father's death

Hello,

My Father died a few months back. He has two children, Me and my sister. My Sister is married. My Father built a house in yr 1980 and the house is in his name. It is freehold property in Ghaziabad (Uttar.Pradesh)
My Father has a registered will made 12 yrs back. In the will it is written that my sister is married and after his death, his home be equally divided between me(son) and my Mother.

questions are :
1) Is it necessary to get the mutation done in my and my mother's  name. If we do not get the mutation done, what are the negative consequences ?

2) If mutation is to be done, Is it to be done at Ghaziabad Nagar Nigam (municipality) or GDA (ghaziabad development authority)   or at the Tehsil (where property registration is done) ?

3) Can I get the mutation done by myself or do I need to hire a lawyer ?

4) What documents are required to be submitted for mutation ? Is it necessary to obtain the NOC from my sister even if registered will of my father is there ?

regards
sonu
Asked 1 year ago in Property Law from Ghaiabad, Uttar Pradesh
Religion: Hindu
1) you should get mutation done in your and mother name on basis of will of your deceased father 

2)once mutation is done in revenue records property tax bills would be raised in your and mother name 

3) better you engage a local lawyer will guide you as to where mutation is to be done 

4) you would need death certificate of your father , copy of regd will of father .noc from your sister for mutation of property in name of beneficiaries of the will 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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1) Is it necessary to get the mutation done in my and my mother's  name. If we do not get the mutation done, what are the negative consequences ?
Mutation  is nothing but transfer of revenue records from the previous owner to the present owner of the property.  Since your father is no more but the property still remain in his name in the revenue records, it  becomes essential to transfer the same to the current owner.  If you do not do it now, it may create problem at the time of disposing the property to a third person.


2) If mutation is to be done, Is it to be done at Ghaziabad Nagar Nigam (municipality) or GDA (ghaziabad development authority)   or at the Tehsil (where property registration is done) ?
Mutation is generally done by the Revenue department, so apply for it in the Tehsildar  Office.




3) Can I get the mutation done by myself or do I need to hire a lawyer ?
Not necessary, if you can understand the procedure, you can go ahead yourself.



4) What documents are required to be submitted for mutation ? Is it necessary to obtain the NOC from my sister even if registered will of my father is there ?
The original title deed, death certificate of the previous owner, registered partition deed in applicants' name, address proof, legal heir ship certificate and other documents that will be called for by the authority as per the circumstances.



T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
Since you are going to mutate the property in the names of your mother and yourself on the basis of registered Will, NOC from your sister may not become necessary and she need not accompany you to the said office for carrying out this task,but your mother need to be present.

The Tahsildar sits in the local Tahsildar office, the staff will take care of the procedures to be followed in this regard and not the Tahsildar himself.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
1) her personal presence would not be necessary her NOC should suffice 

2) local lawyer can guide you where Tehsildar office is situated 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. Mutation is an affirmative action which should be carried out to complete the process of transfer of ownership.

2. It is to applied to the teshsildar i.e sub-registrar.

3. No lawyer is required for commencing the process of mutation. A prescribed form is to be filled and submitted along with supporting documents such as the death certificate of your father, your birth certificate and the will of your father.

4. The will does not give anything to your sister. So no NOC is required from her. 

5. Tehsildar sits in his office.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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