• Mutation of property (West Bengal, Kolkata)

House was inherited intestate. If l have a legal heir declaration affidavit from a 1st class magistrate is it possible to start mutation (dum dum municipality) ?

I am getting different answers from 2 different advocates.

One is saying l need a legal heir certificate (obtained from the dum dum municipality) after obtaining the affidavit. After this l can mutate.

Another advocate is saying the affidavit is enough and you can mutate afterwards.

I'm hoping the answers below help clarify for sure.
Asked 3 years ago in Property Law
Religion: Hindu

13 answers received from multiple lawyers

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13 Answers

For mutation you need to fill up a prescribed form A-42, annex.the copy of sale deed along with A-42 form along with No Outstanding Certificate' from Assessment Collection Department and the form along with documents needs to submit before.the municipal office. Om satisfaction they will mutate the name in records.

Based on your sale deed and NoC and other requisites in the Form the mutation of property shall be done in your name.

legal heir certificate is not necessary unless sight for by revenue records 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The first class judicial magistrate is not competent to attest the declaration affidavit for legal heirs.

The municipal authorities or the revenue department only can issue a legal heirship certificate containing the names of all the legal heirs of the deceased to succeed to the estates left behind.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

 

Submit an application in printed form to Municipal Authority giving following  information….

  1. Name of applicant.
  2. Father ’s name.
  3. Mode of acquisition to title, whether inheritance, purchase, gift etc.
  4. Particulars to transferer

Documents…

  1. Copy of title deed.
  2. Copy of legal heir certificate issued by Magistrate .
  3. Copy of link document.
  4. Proof of payment of tax up to date.
  5. Indemnity bond of 10 rupees stamp paper.
  6. Proof of payment of required fee which will not be more than 100 in any case.
  7. Two prepaid envelopes.
  8. You can also visit Visit Weste-District (Banglarbhumi) website, for online mutation.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

Yes it can be done

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear client I am sorry to hear that but in this case you have to obtain a legal heir certification in order to proceed further. 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Local lawyer can guide you as to costs for mutation of property in your city 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

In case of mutation of inherited property value of the holding exceeds Rs.50000/- the mutation fee payable is Rs. 100 and surcharge of 0.5 on present market value.


 This is under Section 121 OF W.B.M (F. & A.) RULES,1999

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

Mutation of land revenue records is different to that of transfer of name of the proeprty in various records, namely property tax, water tax, electricity connection etc. 

You may have to apply for mutation of property to your name with the appropriate authority by paying the necessary fee for the purpose after submitting an application by attaching the requisite documents and get it mutated.

After that you can transfer all other records to your name following the procedures laid down for each case. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear client,  Application for mutation with Rs. 3/- Court fee stamp affixed on it. Indemnity Bond on Rs. 100/- Stamp Paper.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

It not much. Only trasfer charges and agent fees if you hire someone 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- Mutation of property is the recording in the revenue records the transfer of title of a property from one person to another.

- The mutation in the municipal records is for the purpose of payment of property taxes and it does not mean a legal title to the person to whom the property has been mutated.  

- However , for mutation of the property , there is requirement for legal heirs certificate ,and merely an affidavit is not enough for declaring the legal heirs.

- Further the cost is depend upon the advocate to whom you engaged for the said purposes. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. You shall have to obtain the legal heir certificate from your Municipal Corporation through your local Ward Councilor.

 

2. For putting his signature while forwarding your application for obtaining the legal heir certificate to the chairman of the Municipality, the ward councilor will ask for an affidavit from you to play safe wherein you shall affirm that you are the only legal heir of the title holder of the said property.

 

3. Only affidavit is not enough for getting the property mutated in your name.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. These are most clumsy job where legal knowledge and acumen plays no role but is done by constant persuasion and greasing of the palm of the concerned persons. for which the amounts can not be foretold/assessed. 

 

2. You can get the glimpse of the expenses after getting yourself in to the job.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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