Transfer of property after the death of father, mother and aunty
All land and property including building at my village belongs to my
Aunty(younger brother,who died of my father) died
I am only son, no sister and no brother. I am not adopted son, for which an affidavit executed in the SUB Registrar Office with above my parents and aunty with their signature and having consent.
Now I am alone and transfer all original PATTA of cultivated land and building in village into my name.
I have the original death certificate,legal heir certificate,matriculation certificate in original where the father name is appearing.
How can I proceed in Tahasildar Office in ODISHA where my village is situated.
What forms are to be filled up for mutation.
When(expected days) the mutuation will be completed,
When my name will replace in original PATTAS,LAND DOCUMENTS,PROPERTY DOCMENTS in my name(expected date)
The case is in ODISHA.
Asked 3 years ago in Family Law from Cuttack, Odisha
RECTIFY/MODIFY THE ORIGINAL QUESTION ???? PLEASE
I AM ADOPTED SON. THE WORD to be removed.
AUNTY MEANS WIFE OF YOUNGER BROTHER OF MY FATHER WHO DIED- AUNTY ALSO DIED. AUNTY HAD NO SON AND DAUGHTER. MY UNCLE DIED AFTER MARRIAGE OF ONE YEAR. SO NO SUCCESSOR OF MY AUNTY. ONE CULTIVATED LAND IS IN MY AUNTY'S NAME WHICH WAS PURCHASED MY FATHER.
I NEED TO TRANSFER MY NAME IN ELECTRCITY BILL WHICH IS IN MY LATE FATHER'S NAME ALSO.
I WISH TO SELL ALL PROPERTY IN VILLAGE WHETHER IT IS POSSIBLE.
SEND US FORMALITIES STEP BY STEP.
I BELONG TO ODISHA IN THE DISTRICT OF KENDRAPARA,PS:PATTAMUNDAI.
ASHOK KUMAR DAS
Asked 3 years ago
1. You are the sole legal heir of your parents.
2. In that event if you have already obtained the legal heri certificate.
3. So you are already the exclusive owners of their properties by law of succession.
4. Mutation is no proof of title and the absence of it does not hamper your title in the property.
5. So do not get worried for Mutation process alone as it can breath easy and apply for mutation at your convenience.
6. process of mutation mutation varies form municipality to municipality and state to state.
7. So only the concerned official of the local Municipality can confirm you the proper form for mutation.
1) For the purpose of mutation you need to apply to the Tahsildar with copies of your registered deed showing transfer on your name, the death certificate of all concerned, ration card, legal heir certificate, matriculation certificate and a photo id.
2) For change of name in the electricity bill you need to apply in the local electricity office with relevant documents showing your ownership.
3) There's no hassle about your being able to sell the property.
4) The completion of mutation process will take between 3 to 6 months.
5) Make a visit to the Tehsil office and you will be provided with any additional requirement.
1) the revenue department has issued circular in July in Orissa that updating of land records and issue of pattas be done in 90 days
2) Additional charge of sub-register offices to 127 tehsildars and additional tehsildars is affecting work, especially when it comes to handing out pattas in their respective tehsil offices.
3) you have to make application to tehsildar office for mutation of property in your name to tehsildar office
4) enclose death certificate , legal heir certificate and your matriculation certificate . you will have to execute Indemnity Bond on Rs.100/- Stamp Paper.. also Affidavit on Rs.10/- Stamp Paper duly attested by Notary.. you should pay property taxed dues as on date
5)in case no objection is received and after verification of your documents property would be mutated in your name
1) for transfer of electricity bill in your name enclose copy of your father death certificate as well as legal heir certificate
2) it is better to carry out mutation of property in your name and then sell it
1. Adoption takes place through an adoption deed and not affidavit. Mere NOC given by the biological parents, even if supported by an affidavit, does not constitute adoption.
2. If your adoption is in accordance with the law then you being the sole surviving legal heir of your father have succeeded to all his movable and immovable properties.
3. To apply for mutation you are required to fill up a form in the prescribed format which can be availed from the office of registrar. The death certificate of your adopted father along with adoption deed are to be annexed to the application form to be submitted.
4. To transfer the electricity bill apply to the Municipal Corporation along with the documents mentioned above.
5. After mutation you will be at liberty to sell the property.
There is no problem to get all your tasks completed.
You have to visit the jurisdictional Tahsildar Office, move an application for transferring and mutating the revenue records of all the properties you have identified to be yours, on to your name.
You may comply with all the requirements amely, death certificates of all deceased, deed of adoption, legal heirship certificate pertaining to the legal heirs of all deceased persons, copies of the documents that stands on the names of deceased, copy of electricity bill, property tax receipts, etc.
For transfer of electricity connection, you has to visit the office of the electricity board.
In the event of facing any difficulty, take the help of a local lawyer who will help you at some service charge.
As per Hindu succession act 15 ; after the death of your aunty the property (cultivated land ) is devolves to upon the heirs of the husband.
As per the query you can transfer the property to any one.
Thanks to all who replied to the questions
One Additional Questions, can the Names appearing in the "PATTA" Property documents which is in the name of deceased father and mother (only one son no brother and sister) and aunty and uncle(having no children) can be changed or ammendended an NEW PATTA will be issued by the TAHASILDAR OFFICER by way " WARISS RECTIFICATION" WARISS SANSODHAN" Process which is done by " TAHASILDAR" of the area on proudction of TWO LEGAL HEIR CERTIFICATES OF FATHER AND UNCLE AND DEATH CERTIFIFCATES OF ALL FOUR like FATHER,MOTHER,AUNTY,& UNCLES. Need legal advice.
Asked 2 years ago
Please contact a local lawyer in this regard for rectification of patta
The Tahsildar or the Revenue department are empowered to certify only the class I legal heirs of the deceased male or female within their jurisdiction.
This uncle or aunt do not come under category of class I legal heirs hence they cannot be included under the list of legal heir ship certificate issued by the Revenue department.
No it cannot be changed unless there is an order from the civil judge to this effect.