Upon the death of one owner, their share automatically transfers to the surviving owner(s

2) approach Talati it tehsildar for mutation of property 

3) approach authorities at the earliest 

4) no need to change existing sale  deed 

5) after mutation is dine you can sell the property 

The legal heirs of deceased owner can claim tenancy

Here's a breakdown of your clarifications based on general principles of Indian property law, particularly as it applies to Maharashtra:

1. Legal Status of the Property after the Death of one Joint Owner

The legal status of the property depends entirely on whether it was truly a "joint tenancy" or a "tenancy in common."

• Joint Tenancy (with Right of Survivorship):

  • If the property was held in true joint tenancy with the "right of survivorship," then upon the death of one joint owner, their share automatically passes to the surviving joint owner(s). The deceased's share does not go to their legal heirs through a will or succession laws.

  • In India, true joint tenancy with the right of survivorship is less common and often needs to be explicitly stated in the deed with clear intent. Courts generally lean towards interpreting joint ownership as "tenancy in common" unless the intention to create a right of survivorship is unequivocally expressed.

  • If it was a true joint tenancy, the surviving owner automatically becomes the sole owner by operation of law. While automatic, a formal process is still required to update the revenue and municipal records (mutation) to reflect this change.

• Tenancy in Common:

  • This is the more prevalent form of joint ownership in India. In tenancy in common, each owner holds a distinct, undivided share in the property. There is no right of survivorship.

  • Upon the death of a co-owner, their share does not automatically pass to the surviving co-owner(s). Instead, their share devolves upon their legal heirs according to their Will (if they had one) or the applicable laws of intestate succession (e.g., Hindu Succession Act, Indian Succession Act, etc.).

  • If it was a tenancy in common, the surviving owner does NOT automatically become the sole owner.The deceased's share will go to their legal heirs, and the surviving owner will then co-own the property with those legal heirs. A legal process (like obtaining a Succession Certificate or Letter of Administration, depending on the circumstances and the deceased's personal law) would be required for the legal heirs to claim their share, and subsequently for mutation.

Given that "joint tenancy" is less common in India with explicit survivorship rights, you must ascertain definitively what type of joint ownership was created by the original sale deed. You may need to have the deed reviewed by a legal expert.

2. What Happens to the Existing Sale Deed?

The existing Sale Deed itself does not need to be modified or replaced. The Sale Deed is a historical document that records the original transfer of ownership. The change in ownership is recorded through the mutation process.

3. Is a Death Certificate Sufficient, or are Additional Documents Required?

This again depends on whether it was a joint tenancy with survivorship or a tenancy in common:

• If it was a true Joint Tenancy with Right of Survivorship:

  • The Death Certificate of the deceased joint owner is crucial.

  • An Affidavit from the surviving owner affirming the facts of joint tenancy and survivorship may be required.

  • Indemnity Bond: The authorities might ask for an Indemnity Bond to protect them against future claims.

  • No Objection Certificate (NOC) from the legal heirs of the deceased (even if not strictly legally required in a true joint tenancy with survivorship, it can expedite the process and avoid future disputes, especially if the wording in the original deed isn't unequivocally clear about survivorship).

• If it was a Tenancy in Common:

  • The Death Certificate of the deceased owner.

  • Will (if any): If the deceased left a Will, a certified copy of the probated Will (or Letter of Administration with Will annexed) would be required.

  • Succession Certificate/Letter of Administration: If there is no Will, a Succession Certificate (for movable property and debts, though sometimes informally accepted for immovable property by some authorities) or Letter of Administration (for immovable property) would be required to establish the legal heirs' rights. This is issued by a Civil Court.

  • Legal Heir Certificate (Heirship Certificate): Issued by the Tahsildar/Talathi, this identifies the legal heirs. While not a conclusive proof of title, it's a primary document for mutation in case of inheritance.

  • No Objection Certificate (NOC) from all other legal heirs in favor of the surviving owner, if the surviving owner is to become the sole owner (which would mean the other legal heirs are relinquishing their share). This would ideally be accompanied by a Relinquishment Deed registered with the Sub-Registrar.

4. Mutation Procedure in Raigad, Maharashtra

Mutation is the process of updating the land revenue records (7/12 extract for rural areas and Property Card for urban areas) to reflect the current ownership. In Maharashtra, this typically involves the Talathi (for rural areas) or the City Survey Officer/District Inspector of Land Records (for urban areas).

General Procedure for Mutation in Maharashtra (specifically Raigad):

1. Application: Obtain the mutation application form from the concerned office (Talathi office for rural land, City Survey office for urban property) or apply online through the MahaBhulekh portal (if available for mutation in your specific area/type of property).

2. Fill the Form: Accurately fill in the details of the property, the deceased owner, and the surviving owner/legal heirs.

3. Attach Documents: Submit the required documents (as listed in point 3). Ensure you have both originals for verification and photocopies for submission.

4. Submission: Submit the application and documents to the relevant authority (Talathi/City Survey Officer).

5. Verification: The authority will verify the documents and may conduct an inquiry. They might issue a public notice inviting objections to the mutation.

6. Hearing (if objections): If there are objections, a hearing will be conducted to resolve the dispute.

7. Order of Mutation: If no objections are received or after resolving objections, the authority will pass an order for mutation.

8. Update Records: The changes will be updated in the land records (7/12 extract or Property Card).

9. Issue of Extract: A new 7/12 extract or Property Card reflecting the updated ownership will be issued.

Specific Documents for Mutation in Raigad (Inheritance/Survivorship):

• Application Form for Mutation

• Death Certificate of the deceased owner

• Original Sale Deed/Title Deed

• Copy of Will (if applicable) or Succession Certificate/Letter of Administration (if applicable for tenancy in common)

• Legal Heir Certificate (Heirship Certificate)

• No Objection Certificate (NOC) from other legal heirs (if applicable, especially for tenancy in common or to expedite a survivorship claim)

• Relinquishment Deed (if some legal heirs are relinquishing their rights)

• Latest Property Tax Receipts

• Identity and Address Proof of the surviving owner/applicants (Aadhaar Card, PAN Card, etc.)

• Passport-size photographs

• Mutation Application Fee Receipt

5. Which Authority to Approach First?

For updating revenue and municipal records (mutation), you should primarily approach the Talathi (for agricultural land or rural properties) or the City Survey Officer/District Inspector of Land Records (for urban properties and property cards) in Raigad. These are the authorities responsible for maintaining land records.

The Sub-Registrar deals with the registration of documents like Sale Deeds, Relinquishment Deeds, Gift Deeds, etc. You would only approach the Sub-Registrar if you need to register a new deed (e.g., a Relinquishment Deed from other heirs if it was a tenancy in common and they are giving up their rights).

The Tehsildar (also known as Tahsildar or Mamlatdar) is a higher-ranking revenue officer who supervises the Talathi and can hear appeals or specific matters related to land revenue. You might approach the Tehsildar if there are complex issues or if the Talathi is unable to resolve your matter.

Step-by-step procedure (general guidance):

1. Confirm Ownership Type: Get legal advice to definitively understand if the property was a true joint tenancy with survivorship or a tenancy in common. This is the MOST CRUCIAL first step.

2. Gather Documents: Collect all necessary documents as per Point 3.

3. Approach Talathi/City Survey Office: Based on the property's location (rural/urban), approach the respective office in Raigad.

4. File Mutation Application: Submit the filled application form with all supporting documents.

5. Follow Up: Regularly follow up on the status of your application.

6. Time Limitations or Penalties

While there isn't a strict legal "time limit" for applying for mutation after an event like death, it is highly advisable to do it as soon as possible.

• No specific statutory penalties are typically imposed for delaying mutation, but it is not without consequences.

• Consequences of Delay:

  • Difficulty in Selling/Transferring: Without updated records, selling or transferring the property becomes difficult as the records will still show the deceased person as an owner.

  • Disputes: Delays can lead to disputes among legal heirs, especially in the case of tenancy in common, as the shares of the deceased owner remain unclarified in the records.

  • Taxation Issues: Property tax bills might continue to be issued in the deceased's name, leading to administrative complications.

  • Fraud: Outdated records can potentially be exploited for fraudulent transactions by unscrupulous elements.

Given that 5 years have passed, you should initiate the mutation process immediately. You may need to provide an affidavit explaining the delay, but generally, there aren't severe penalties for this specific type of delay in mutation.

7. Can the Surviving Owner Now Legally Sell or Transfer the Property?

No, not until the mutation process is completed and the records are updated in their name as the sole owner.

• If it was a true Joint Tenancy with Right of Survivorship: The surviving owner is legally the sole owner, but to prove this to a prospective buyer or for any official transaction, the revenue records must reflect this. Until then, a buyer would be hesitant.

• If it was a Tenancy in Common: The surviving owner only owns their original share. The deceased owner's share now belongs to their legal heirs. The surviving owner cannot sell or transfer the deceased's share without the consent and involvement of all legal heirs, and their names also need to be mutated in the records. In this scenario, for the surviving owner to sell the entire property, they would first need to acquire the shares of the deceased's legal heirs (e.g., through purchase or relinquishment deed) and then mutate the entire property into their sole name.

1. In a joint tenancy, if one owner dies, their share of the property automatically transfers to the surviving owner(s) through the right of survivorship. This means the deceased owner's share does not go into their estate or become subject to inheritance laws. Instead, the surviving owner(s) become the sole owners of the property. The surviving owner(s) only need to provide a death certificate and update the property records to reflect the change in ownership. 

2. The original sale deed will remain the same. You can attach the copy of the death certificate of the other owner along with the registered document.

3. The surviving owner(s) only need to provide a death certificate and update the property records to reflect the change in ownership. 

4.  If the property was held as joint tenants, the surviving owner(s) automatically inherit the deceased's share, requiring only a mutation of records

5. You can approach the revenue department/Tehsildar for the needful

6. This will not be affected by any limitation.

7. The surviving owner becomes the absolute owner upon death of the of the joint owner, hence he can sell the property on his own.

Approach local revenue authorities fir mutation of land in yiur name 

2);no need to wait till society is formed 

3) sale deed , ghar patti and consent of builder is necessary for mutation 

• Surviving owner becomes sole owner only if deed says “joint tenancy” (right of survivorship). Otherwise, legal heirs may have claim.

• No need to replace sale deed; keep Death Certificate and Sale Deed ready.

• Apply for mutation at Talathi office with Death Certificate, Sale Deed, tax receipts.

• Mutation can be done before society formation.

• No penalty for delay, but update mutation before selling.

• For selling, ensure updated mutation and clear ownership.

Visit Talathi with documents to start mutation.

There can’t be a mutation the records of landlord will be rectified and your name will be entered as tenant. 

It's a common situation to be in, especially with newly developed plotted lands. Let's break down your questions regarding the mutation process for your NA-Land in India:

1. How can we initiate the mutation process?

The mutation process, also known as "Dakhil Kharij" in many parts of India, involves updating the land revenue records to reflect the change in ownership. Here's a general outline of how you can initiate it:

• Determine the Authority: You'll need to approach the local revenue department or Tehsil office (also known as the Talathi office in some states like Maharashtra, where "ghar patti" is common). Some states also offer online portals for mutation applications.

• Obtain the Application Form: Get the prescribed mutation application form from the concerned authority or download it from their official website (if available).

• Fill the Form Accurately: Provide all the required details, including property description, survey numbers,previous owner's details (the developer's/general name), your details as the new owners (jointly), and the reason for mutation (purchase).

• Gather Required Documents: This is crucial. Refer to point 4 for a detailed list.

• Submit Application and Documents: Submit the filled application form along with all the supporting documents.Ensure you get an acknowledgment receipt.

• Pay Fees: Pay the applicable mutation fees. These vary by state and property value.

• Verification: The authorities will verify the documents and may conduct a field inspection of the property.

• Public Notice (Optional but Common): In some cases, a public notice may be issued in local newspapers or displayed on the notice board to invite objections.

• Approval and Mutation Entry: If no objections are raised or are resolved, the mutation request will be approved,and the ownership details will be updated in the official revenue records.

• Obtain Mutation Certificate: Once the process is complete, you can obtain the mutation certificate, which serves as legal proof of your updated ownership status in the revenue records.

2. Can individual plot owners apply for mutation before society formation, or must we wait until the society is registered?

You can, and ideally should, initiate the mutation process even before the housing society is formally registered.

Here's why:

• Mutation is about individual plot ownership: The mutation process is about transferring the ownership of your specific plot from the developer's name to your name(s) in the government's land revenue records. This is independent of the overall housing society formation, which deals with common amenities, maintenance, and collective management of the larger developed land parcel.

• Establishing individual rights: By mutating your plot, you are formally establishing your individual ownership rights in the revenue records. This is critical for various reasons, including:

  • Paying property taxes directly in your name (though you are already receiving "ghar patti," formal mutation solidifies this).

  • Preventing future disputes over ownership.

  • Potentially applying for utilities in your name (though you have an electricity bill, a mutation certificate strengthens your position).

  • Facilitating future transactions (like selling or mortgaging your plot).

• Society formation is a separate process: While the society formation will eventually lead to the transfer of the common areas and infrastructure to the society, your individual plot ownership needs to be independently recorded.The society's registration often depends on the developer completing certain formalities and transfers, which can take a long time. Waiting for the society to form could significantly delay your individual ownership recognition.

3. Since one of the joint owners is deceased, and the tax receipt (ghar patti) still carries both names, what impact does this have?

This is a crucial point and needs to be addressed correctly. The mutation process will now involve two aspects:

• Transfer of the deceased owner's share: Since one joint owner is deceased, their share in the property needs to be transferred to their legal heirs (which, in a joint tenancy scenario, usually means the surviving joint tenant(s) if the deed specifies "right of survivorship," or to the deceased's legal heirs as per succession laws if it's a "tenancy in common"). Given you purchased as "joint tenants," it's highly likely the right of survivorship applies, meaning the surviving joint owner(s) would automatically inherit the deceased's share. However, it's essential to confirm this from your original sale deed.

• Updating records with the surviving owner(s) as full owner(s): The mutation application will need to reflect the current ownership status, i.e., the surviving joint owner(s) now holding the full title.

You will need to submit additional documents related to the deceased owner, such as:

• Death Certificate of the deceased joint owner: This is a mandatory document.

• Original Sale Deed: As mentioned.

• Affidavit by the surviving joint owner(s): An affidavit stating the facts of the joint ownership, the death of one owner, and the claim for mutation in the name of the surviving owner(s) based on the right of survivorship (if applicable as per your deed).

• Legal Heir Certificate/Succession Certificate (less likely for joint tenancy with survivorship, but good to be aware): If the sale deed was structured as "tenancy in common" (where each owner has a distinct, inheritable share), then the deceased's share would pass to their legal heirs, and you would need a legal heir certificate or succession certificate to prove the rightful heirs. However, "joint tenants" typically implies survivorship. It's vital to re-read your sale deed to confirm the exact nature of the joint ownership.

The "ghar patti" still carrying both names is a common administrative lag. The mutation process is precisely to update these records to reflect the current, legally valid ownership.

4. Will the original sale deed and ghar patti be sufficient to support our claim for mutation (the Electricity Bill is in the surviving owner's name)?

While the original sale deed and ghar patti are essential documents, they might not be sufficient on their own, especially with a deceased joint owner.

Here's a comprehensive list of documents typically required for mutation, tailored to your situation:

Mandatory Documents:

1. Original Sale Deed (or Certified Copy): This is the primary document proving your purchase and joint ownership.

2. Mutation Application Form: Duly filled and signed.

3. Identity and Address Proof of the surviving owner(s): Aadhaar Card, PAN Card, Voter ID, Passport, etc.

4. Latest Property Tax Receipts ("Ghar Patti"): Even though it's in both names, it proves you've been paying taxes.

5. Death Certificate of the Deceased Joint Owner: Absolutely essential to prove the death.

6. Affidavit for Property Mutation: This is a sworn statement on stamp paper (usually non-judicial) detailing the facts of the property ownership, the death of one joint owner, and the request for mutation in the name of the surviving owner(s). It should clearly state that you are claiming ownership based on the "right of survivorship" if that's how your joint tenancy is structured.

7. Indemnity Bond: This is often required to indemnify the municipal/revenue authorities against any future disputes over the property. It's usually on a separate stamp paper.

Potentially Required/Helpful Documents (depending on local regulations and interpretation of "joint tenants"):

1. NOC (No Objection Certificate) from other legal heirs of the deceased (if any): While "joint tenants" typically implies survivorship, in some interpretations or specific state laws, especially if the deed isn't crystal clear on "right of survivorship," the authorities might ask for NOCs from other potential legal heirs of the deceased to prevent future disputes. It's better to be prepared. Consult a local lawyer to understand the exact nuances of "joint tenancy" and succession laws in your state.

2. Succession Certificate/Legal Heir Certificate: As mentioned, if the joint ownership was not with the right of survivorship (i.e., tenancy in common), these would be critical. However, for true joint tenancy, the property generally passes to the survivor(s) automatically. Still, authorities sometimes err on the side of caution.

3. Electricity Bill in the surviving owner's name: While not a primary ownership document, it serves as an additional proof of possession and residence, which can be helpful.

4. Photographs: Recent passport-sized photographs of the surviving applicant(s).

Key Recommendations:

• Consult a Local Lawyer: Given the deceased joint owner and the nuances of property law, it is highly advisable to consult a local property lawyer. They can guide you on the specific documents and procedures required in your particular state and district, ensuring your application is complete and accurate, and help you understand the exact implications of "joint tenants" as per your sale deed and local laws (especially regarding the right of survivorship).

• Visit the Tehsil/Revenue Office: Before filing, visit the local Tehsil or Revenue office and inquire about the exact list of documents and the procedure for mutation of jointly owned NA-land with a deceased owner. Their current guidelines are paramount.

• Be Patient: The mutation process can sometimes take time, ranging from a few weeks to several months,depending on the efficiency of the local administration and the complexity of the case.

1.  Mutation is the process of transferring land ownership, changing the ownership name in revenue records. You can submit an application for mutation of proeprty to your name on the basis of the registered sale deed, joint tenancy clause and the death  certificate of the joint owner.

2. Yes the individual plot owners can apply for mutation even before the formation of society i.e., need not wait until the formation of the society.

3. The name transfer of tax receipts also can be effected after the mutation of revenue records. It's essentially a transfer of the property's title or ownership in official records, making the new owner responsible for property taxes.

4. You can attach all the relevant documents to your application for mutation including the death certificate of the joint owner, tax receipts on joint names, electricity bills on joint names, copy of the registered sale deed, encumbrance certificate, your identity card and any other documents that may be required to be attached.

After the death of one of the joint owners in a joint tenancy, the right of survivorship usually applies. This means the surviving joint owner becomes the sole owner of the property by operation of law. However, to reflect this legally and officially, certain formal steps must still be taken.

The original sale deed remains valid and does not need to be replaced. However, for the purpose of updating government and municipal records, the surviving joint owner will need to submit relevant documents to show that the co-owner has passed away.

The death certificate of the deceased joint owner is essential. Along with that, an application for mutation of property, ID and address proof of the surviving owner, a copy of the sale deed, and proof of property tax or electricity bills will be required. These documents will support your request to transfer and update the records.

Since the property is in Raigad, the mutation process typically begins at the Talathi office. In rural areas, the Talathi maintains the 7/12 extract. You should visit the Talathi office and apply for mutation by submitting the required documents. The Talathi will forward the application for approval to the Circle Officer and Tehsildar.

You do not have to wait for society formation to apply for mutation. If your plot is clearly demarcated and recognized as yours in practice (even if not yet reflected on the 7/12 extract), and you are paying taxes, you can apply individually. The mutation will be based on available documents including the death certificate and tax bills.

Since the deceased co-owner passed away five years ago, there is no specific time limit prescribed for mutation, but it is advisable to complete it without further delay to avoid complications. There is usually no penalty, but delays may result in more complex procedures or objections from authorities later.

As the surviving joint owner, once the mutation process is complete and records are updated, you can legally sell or transfer the property. Until the mutation is done, the title will remain unclear in the eyes of the authorities, so it is important to complete this process first.

In your case, since the plot is part of NA land developed by a private developer and individual 7/12 extracts are yet to be issued, mutation may be slightly delayed or complicated. However, since you receive tax bills in joint names and hold the sale deed, you do have a basis to proceed. You can initiate the mutation by submitting the sale deed, death certificate, electricity bill, and tax receipts.

If needed, you may also consider consulting a local property lawyer or document writer who is familiar with the Raigad district offices. They can help you draft and submit the mutation application to the right authority.

 I will address your questions point-wise and also incorporate your additional specifics about mutation and society formation delays.

Since the property was held as joint tenancy, the right of survivorship applies under Indian law. This means that upon the death of one joint owner, the surviving co-owner(s) automatically inherit the deceased owner’s share, and thus the deceased's interest does not devolve by succession or will. However, while ownership vests automatically, formal legal action is needed to reflect this change in records.

The existing sale deed does not need to be replaced or modified; it continues to be valid as it reflects the original transaction. However, since one joint owner has passed away, the ownership reflected in municipal and revenue records should be updated to show only the surviving owner(s). If you plan to sell or transfer the property, having ownership records updated in your name alone is essential.

The Death Certificate of the deceased joint owner is the primary document to prove demise. Legal heir certificate or Succession Certificate is not required in joint tenancy transfers (due to survivorship). No succession formalities are needed, but the surviving owner(s) must submit the death certificate along with the original sale deed and proof of possession to the revenue authorities for mutation. You may also need an indemnity bond or affidavit stating that the transfer is by survivorship, as some local offices require this.

Mutation is the process of updating revenue and municipal records to reflect current ownership. In Maharashtra, mutation of rural land generally requires application to the Talathi (Village Revenue Officer) or Tehsildar office, who are responsible for rural property record management. Mutation updates the 7/12 extracts (record of Rights) and property tax records ("ghar patti").

The procedure is as follows: approach the Talathi of the village where the land is situated or the Tehsildar if needed. Submit an application for mutation attaching the original Sale Deed, Death Certificate of deceased joint owner, Electricity Bill (in surviving owner’s name, as supporting possession), Ghar Patti (Property Tax Receipts), affidavit/indemnity bond if required, and any other local forms prescribed by revenue office. The Talathi/Tehsildar will scrutinize the documents, conduct a site inspection if needed, and verify details. Upon satisfaction, mutation is entered in revenue records, and a new 7/12 extract is issued in the surviving owner’s name. Updated property tax records will be issued accordingly. Note that the mutation process can be time-consuming where society formation is pending since the developer may still be listed as owner in some records.

You can apply for mutation before society formation. Society registration is not a prerequisite for mutation. Mutation rights arise from ownership, not society membership. However, since the developer’s name still appears on land records and no individual 7/12 extract is yet issued for plots, mutation formalities might be delayed or scrutinized closely until society formation formalizes individual plot ownership at revenue level. Yet, mutation of your plot share in your name(s) is legally possible by submitting relevant documents, especially death certificate and joint ownership papers.

The original sale deed and “ghar patti” (property tax receipts) in joint owner names, together with the death certificate of the deceased owner, electricity bill in surviving owner’s name, and possession proofs, are generally sufficient to support mutation application for record update. You may need to produce affidavits or indemnity bonds declaring the survivorship transfer. If mutation is delayed due to developer’s status as recorded owner, you can request the revenue authorities to act on the basis of your joint ownership and update mutation accordingly.

There is no strict statutory time limit for applying for mutation after the death of a joint owner. However, delayed mutation may create practical difficulties, such as confusion in ownership proof and property tax liabilities. Authorities generally do not impose penalties for delay, but it is best to apply as soon as possible to avoid complications. Non-mutation may cause hurdles during future sale/transfer or inheritance disputes.

After mutation and proper record updation, the surviving owner can legally sell or transfer the entire property. Mutation is critical to prove title, so ensure mutation is completed before sale. Sale without mutation is possible but creates risks of buyer objections or title disputes.

Summary and action plan: Obtain certified Death Certificate of deceased owner. Collect original sale deed, property tax receipts (ghar patti), electricity bills, and any possession proof. Approach the Talathi office in Raigad with mutation application and required documents. Include an affidavit explaining the survivorship transfer due to death of joint owner. Follow up regularly for mutation and issuance of new 7/12 extract in your name. Mutation can be requested before society formation but may take time as records update from original developer ownership. Once mutation is completed, you may sell or transfer the property freely as sole owner. Ensure mutation is done promptly to avoid any confusion or legal issues.

If you need assistance with drafting mutation applications, affidavits, or with liaison at Talathi/Tehsildar offices, or guidance on sale formalities after mutation, please feel free to contact me for a professional consultation.