Ask tehsildar to give in writing reasons for refusal to mutate land in your name
File appeal against said order before the collector
My father owned 2 plots in UP , registered in name of my mother. Our whole family of 3 sisters and me (youngest & male) have lived there, but in rented houses only, from 90s till 2014, when my father passed away. Local Teshil issued a Legal Heir Certificate mentioning Mom and 4 children as legal heirs. We left that place in 2014. My mother also passed away in 2022. All my 3 sisters are married as on date today. Now I want to transfer ownership of plots to my name, sisters have no issue. But Local Tehsil is now not approving saying I haven't lived rhere for a decade and none of my IDs are having addresses of that area, they all are of my current residing state. Hence they can't go ahead. Shouldn't they put more efforts to just verify more on their parts, ask questions from me to bring forward more information, witnesses , people who knew our family and are still living there. Why they saying this is an issue on basic level where they can't take risk.
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Ask tehsildar to give in writing reasons for refusal to mutate land in your name
File appeal against said order before the collector
Where did your mother reside last one year before her death.
If she had died there in that place only then the Tehsildar cannot refuse to furnish the legal heirship certificate on the basis of the application signed by all the legal heirs of your deceased mother.
In fact your father's legal heirship certificate, contains the name of your mother also in it and if it was issued in the same place where your mother resided last then the Tehsildar can verify the details on the basis of the legal heirship certificate given earlier.
If the answer is yes that your mother resided in the same place continuously for one year before her death and if the revenue officer i refusing then you can prefer an appeal on the basis of the documentary evidences in your possession before the District collector and request him to intervene and direct the Tehsildar to furnish the required certificate.
If that step also do not fetch the desired relief then you may file a suit for mandatory injunction agaisnt the District collector and the Tehsildar seeking direction to provide the legal heirship certificate on the basis of the documentary evidences in your support
Tehsildar can not transfer land from one co sharer to another.
If you want to become its absolute owner then you will have to get a gift done executed by your sisters in your name and then apply for mutation.
Yes, you are still a legal heir regardless of where you live now or what address is on your ID.
Tehsil cannot reject solely based on your current residence. Legal heirship is based on blood relation, not address.
What to do:
Submit the existing Legal Heir Certificate (naming you and siblings).
Get a No Objection Certificate (NOC) from all 3 sisters (notarized).
Provide affidavit, local witnesses, or panchayat letter confirming your family's past residence.
File a written representation or RTI asking for reasons of denial.
If they still refuse, you can approach the SDM/DM or move to civil court for declaration of heirship.
Let me know if you want a draft for the NOC or RTI.
Dear sir,
The course of action to be followed is given below
1. Legal Ground for Property Transfer
Rights of Ownership: According to the Hindu Succession Act, 1956, amended in 2005, all children (including daughters) are equally entitled to ancestral property. Because your father's plots were jointly held in your mother's name, on her passing away in 2022, her share automatically goes to all four legal heirs (you and your three sisters). The legal heir certificate that is issued by the Tehsil (mentioning your mother and four children) is considered as a valid document is considered sufficient in proving your status as legal heirs. The Tehsil cannot further choose to refuse this on grounds without providing any proper legal justification.
2. Tehsil's Refusal: Addressing Their Concerns
The Tehsil's denial on the grounds of your non-residence and absence of local address evidence is not legally sustainable. Mutation and property transfer are based on rights of ownership, not residence. Procedural obstacles can be overcome as follows:
Steps to Overcome Tehsil's Objections:
File Relinquishment Deeds from Sisters:
As your sisters are married but agree, they need to sign registered relinquishment deeds (on stamp paper) specifically handing over their share in their favour. This is a required under Section 17 of the Registration Act, 1908.
The following are the documents are required:
The relinquishment deeds with the signatures of sisters and two witnesses.
Sisters' notarized affidavits asserting their agreement.
A Copy of the legal heir certificate and the death certificates of your parents.
It is recommended to provide the ID proof such as the Aadhaar, PAN, or Voter ID (even with non-local addresses)
It is also further recommended to take an affidavit stating the reason why the family shifted out in 2014 and submit the relevant reasons (e.g., work, studies) to avoid confusion.
Affidavits of neighbours/relatives in the original area attesting to your family's ownership and your identity can serve as witness statements.
Make a written application (through your lawyer) requesting the Tehsil to carry out a field inquiry to confirm the historical ownership records and the testimonies of local people (e.g. neighbours, ex-tenants).
3. Legal Remedies if Tehsil Continues in Refusal
If the Tehsil still refuses the mutation , in such cases:
Option 1: File a Revision Petition
Proceed to Sub-Divisional Magistrate (SDM) under Section 210 of the Uttar Pradesh Revenue Code, 2006, opposing the inaction of the Tehsil.
Option 2: File a Writ Petition in the High Court
File a writ petition under Article 226 of the Constitution before the Allahabad High Court for a writ of mandamus (to direct the Tehsil to apply the mutation).
4. The important Documents required include the following:
Legal heir certificate ( mentioning the mother and four children in it).
The Death certificates of the parents.
Both the sisters' relinquishment deeds (registered).
Respective affidavits of non-residence and the witness statements.
The Title deeds to the property (in mother's name).
Provide for the indemnity bond (if it is being required by the Tehsil).
5. The Practical Tips which may be necessary.
Recommended to hire a Local Lawyer: A local lawyer can handle the case at hand with the Tehsil, it would help to speed up the field verification. The lawyer can also appear for you at hearings.
To file a Grievance Online: Utilize the government portal (upbhulekh.gov.in) to raise a complaint or check mutation status of the property at hand.
Take advantage of the Legal Heir Certificate: It is important to highlight that this certificate serves as a valid evidence of inheritance.