You will need a letter of administration in absence of will
Mutation of immovable property in bihar
Property is still in name of my grandfather although it was given by partition deed to my father. My grandfather died in 1984. My father migrated to UK in 1970s and passed away this year in 2022. He left no will. - He held a UK passport and OCI Card. He is survived my my mother, a son and 3 daughters - all resident in UK - all UK Nationals with OCI Card. The family is agreed to mutate the property to the Son who still has connections to India and can visit as necessary and ultimately dispose of the property. Question - what paperwork is required and what is the process.
Asked 3 years ago in Property Law
Religion: Hindu
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8 Answers
Death certificate of deceased grand father , father , grand mother
2) latest receipt of payment of property taxes
3) consent affidavit of other legal heirs
4) if no objections are received mutation would be done in don name
You need to mutate the properties in your name by submitting application to municipal authority if the properties are residential and to revenue authority if the property are agricultural with following documents…
- Death certificate of all deceased ancestors.
- NOC from all legal heirs.
NOC can be issued by those residing abroad without coming to India through Special Power of Attorney.
Draft a SPA in favour of friend or relative on Indian stamp paper of 100 rupees which is available through out world giving him power to sign NOC. Get the SPA attested by Indian consulate which they do readily and send the SPA to person named, he can sign NOC on behalf of legal heirs residing abroad.
- As per law, after the demise of your father intestate , his property received from his father will be devolved upon all his legal heirs equally .
- Further , any legal heirs can release his respective share in the name of other after executing a registered relinquishment deed to make him single owner of the property.
- Further, after becoming the single owner of the properties , said son can apply for getting mutation in his name after submitting the relinquishment deed & death certificate of father.
The property lying on your deceased father's name shall devolve equally on all his legal heirs viz., your mother and siblings.
If all of them want to transfer this property to your name, then they execute a registered release deed relinquishing their rights in the property.
All of them have to come to India to execute this registered release deed, or they can give as POA deed in favor of a resident Indian for doing this task on their behalf.
Dear Client,
First you will have to get your father's name as the owner of property. Then since the father died without any will all legal heirs will be entitle to equal shares. All legal heirs will have to sign a relinquishment deed so that whole property can be transferred to one son who is supposed to carry on with the disposal of immovable property.
All the other legal heirs have to release their respective undivided shares in favour of the son. For the purpose, they may jointly execute a special PoA in favour of any close relative in India (other than the son). The PoA needs to be either notarised or attested by the Indian High/Deputy High Commission in the UK. Then, it has to be adjudicated (read, to be assessed for stamp duty) in India within 3 months of its arrival here by the land registrar under whose jurisdiction the property falls. Afterwards, the Power Agent can execute and register the relinquishment deed. After registration of the relinquishment deed the son living in India may very well sell the property if he so wishes.
1. All other share holder's of your deceased father's share of the property shall have to register a gift/settlement deed conveying the title of their share of the said property in your favour.
2. Thereafter the son presumably yourself will be able to legally sell of the said portion of the jointly held property as per law.
