Problem in transfer of property
Sir my father has a house in city bhubaneswar(odisha) in which we live in for past 25 years.He died 2 years ago without writing a will. we are three brothers and my mother as legal heirs.we wanted to transfer the property in my mothers name.so we contacted a lawyer in registrar office who made relinquishment deed of 3 brothers in my mothers name and applied for mutation 1 and half years ago. but till now mutation has nt been done.
The problem occurred is that in the record of right(ror) or khatiyan my father has written permanent resident of hazaribagh(Jharkhand).now when I myself enquired with additional tehsildar and revenue office bcz the advocate everytime was saying come after one month ,then they told me to bring legal heir certificate from hazaribagh (Jharkhand)then only they will allow the case.
Sir we have no document from hazaribagh(Jharkhand). All our pan,voter id ,aadhar.electricity,water,ration card, holding tax reciept are made in our current address Bhubaneswar.In fathers death certificate also it is mentioned permanent address Bhubaneswar.
My father was born there in hazaribagh which we have no record and moved to westbengal and he had purchased one house in 1980 in hazaribagh in my mothers name and sold that in 1996. No we hav no link with hazaribagh for past 20 yrs nor any of our relative live there. And here they are insiting to bring legal heir certificate from hazaribagh(Jharkhand).
Sir plz guide us how can the property be transferred.
Asked in Property Law from Bhubaneswar, Odisha
1) Legal Heir Certificate is only issued from revenue office of the district to identify a particular deceased persons living heirs
2) This certificate is issued for a limited purpose of receiving Government dues such as Govt. Provident Fund, Gratuity etc. to the legal heir of the deceased employee of the State and Central Govt.
3) A Legal Heirship Certificate is issued by a tahsildar.
A tahsildar has no right to decide on disputed issues of title or succession. Prior to the issuance of the Legal Heirship Certificate, a summary enquiry is undertaken by the tahsildar, through his or her functionaries, to ascertain the legal heirs of the deceased, so far as may be possible.
A certificate is issued on the basis thereof.
4) you should through your advocate take the plea that your father was permanently residing in bhubaneswar and has PAN Card , election card , aaddhar card issued in BHubnaeshwar . and hence LHC should be issued from Bhubaneshwar
5) it is better you make an application for issue of letters of administration from court since your father died intestate and then make application for mutation of property in your mother name
Need not do what you are asked to do. File a written petition against refusal of mutation. You will get the job done soon.
The registrar office has already registered the release deed favoring your mother's name, now the mutation is the issue pending (?),
You may put it in writing and obtain acknowledgement for the petition submitted to Tahsildar for mutation of revenue records, seek his rejection or reason for not doing it in writing, if he is still refusing to give it in writing, you may obtain the status of your petition through RTI act and after that you may approach civil court with a suit for mandatory injunction seeking direction to Tahsildar to mutate the revenue records on your mother's name on the basis of the registered release deed document in your mother's favor executed by all other legal heirs of your deceased father and also along with the other documentary evidences namely, local legal heirship certificate, your father's death certificate and other documentary address proofs. Implead The Tahsildar as defendant.
@above experts--- they are not issuing the local legal heirship certificate and telling me as your father had written permanent address of hazaribagh(jharkhand) in ROR they will nt issue it. my lawyer only does registry and mutation and only tells come after one month i will get it done so i dont thnik he might have idea of petition and all just assuming. i have attached all the documents of proof along with mutation and registered release deed. so I think I would have to approach a civil lawyer who can handle this with the advise of above experts.
Asked 2 years ago
It is better you engage a civil lawyer in this regard
Whoever is insisting on heirs hip certificate from Hazaribagh is wrong, the heirship certificate is issued from the district court within which the property is located. In your case since, the property is located at Bhubaneshwar, it has to be issued from the district court of Bhubaneshwar. You contact a local lawyer and submit your father's death certificate along with the Application and photocopy of property documents. Time taken is anywhere between 4-6 months and you'll have to pay the appropriate court fee as decided by the court.
After obtaining Heirship certificate you can prepare a relinquishment deed in favour of your mother and register the deed with the local sub-registrar's office.
Your lawyer if not doing service to your satisfaction, you may change him abruptly and engage a prudent lawyer who will be able to get all your job done legally by following the procedures envisaged in the law.
Yes, you are right that the authorities will be very reluctant to issue any certificate since they are under the same impression that your father does not belongs to this place.
You may choose the option of approaching court of law.
1. Legal heirship certificate is not required for mutation. All that you require is the death certificate of the deceased, your birth certificates and proofs of identity supported by a sworn affidavit.
2. You should issue a lawyer's notice to the tehsildar demanding the mutation be carried out. If he does not accede to your demand then you can move the High Court.
1. You have been trapped in an unnecessary legal tangle because of your father's mentioning Hazaribag as his permanent address,
2. It will be easier for you if you can get a legal heir certificate from Hazaribag or atleast a certificate from Hazaribag stating that your father lived there 20 years back and had shifted to Odissa. If they do not want to write where he had shifted then atleast let them write that he lived there 20 years back and had shifted to elsewhere,
3. After that you can get legal heir certificate from Odissa and submit both the certificates i.e. the certificate about his shifting and the legal heir certificate,
4. If you can collect legal heir certificate from Hazaribag, then your problem getrs solved,
5. if you fail to get any certificate from Hazaribag, file a declaratory suit at Odissa praying for declaration that your father's permanent address got shifted to Odissa and also praying for a direction upon the Registrar to treat your father's permanent address at Odissa for the purpose of registration of your settlement deed.,
1. Either manage the persons concerned for accepting the fact that your permanent residence is at Odissa or,
2. File the declaratory suit as suggested in my earlier post.