• Transfer of property after the death of father, mother and aunty

All land and property including building at my village belongs to my

Father    died
Mother    died
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 1 year ago in Family Law from Cuttack, Odisha
Religion: Hindu
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.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Hello,
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.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
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. 
Ajay N S
Advocate, Ernakulam
1917 Answers
19 Consultations
5.0 on 5.0
Please contact a local lawyer in this regard for rectification of patta 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
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. 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
No it cannot be changed unless there is an order from the civil judge to this effect.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0

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