The chain is complete as far as the present seller is concerned but the earlier documents of her father purchasing the property is neeeed
Property inheritance on basis of SMC and Will alone and rights to sell it
I am planning to buy a property. I have doubt with respect to the chain of papers which is as follows- 1. The property was purchased by husband and wife jointly and then husband passed away in 2015. 2. The only daughter of their parents- relinquished her rights over the property by virtue of a transfer deed in favour of her mother - 2017 3. Mother did a generic will for all of her ALL her assets in favour of her only daughter, her true legal heir and the will has a clause that in case the daughter also expires, all will go to daughter's husband and their son. 4. Mother passed away in 2022. 5. Now, the daughter is selling the property to me. 6. Both mother and father's SMC , death certificates and Mother's will are available. Is this chain complete and does she have the right to sell the property now?
Asked 4 months ago in Property Law
Religion: Hindu
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16 Answers
Does she not require to get the property mutated in her name in Govt. revenue records i.e the tramsfer ownership? She is saying she got the p[roperty tax mutation done but I'm assuming that still does not suffice or prove her ownership before she sells it to me. A proper title transfer from mother to her name is required. Is this correct or not?
Asked 4 months ago
No need for mutation as per the above facts the chain of documents in present seller case is proper and doesn’t require any concern but the earlier seller who has sold the same to her father needs to be verified
How will she become the owner of the property in gov't revenue records?
Asked 4 months ago
Advisable to have the Will duly probated
Mere entry in revenue records is not proof of ownership
Though probate is not mandatory but as part of due diligence and out of abundant caution the daughter must get the Will probated. Since she is the only surviving heir , it won't be that an issue
Check if after passing of the husband, the transfer deed made by daughter in favour of her mother is duly registered
Mutation has to be done in daughter name to sell the property
2) on basis of death certificate of parents and will mutation can be dine in daughter name
Mutation is for payment of property taxes
if she has got mutation done she can sell the property
she can apply for probate of mother will
Probate is judicial proof that will is genuine
mutation does not confer title to property
In govt records only name gets transferred through mututation she can do it by showing her mothers will if it’s registered
The proeprty was jointly owned by both the parents and upon the death of her father the daughter relinquished her rights in the proeprty in favor of her mother.
Subsequently her mother transferred the property to her daughter by making a Will.
Therefore the daughter being the beneficiary of the Will is entitled to acquire the property as a right.
besides, the daughter being the only legal heir to her deceased parents, she is otherwise also entitled to inherit the property from her parents as their successors in interest as a lone successor.
If the documents viz., the death certificate of both the parents, SMCs, property tax paid receipts, mutated revenue records both on her parents's name as well as on her name subsequent to their death are some of the authenticated or substantial documents to establish her title.
Therefore, after scrutinising all the documents and other property related papers by an expert lawyer in the local you may proceed to purchase the proeprty, if recommended.
It would be pertinent on the part of the daughter to get the property mutated to her name subsequent to the death of her mother in the capacity of the beneficiary of the Will or as a successor in interest/legal heir to the deceased title holder.
The mutation of revenue records pertaining to this property would establish her clear and marketable title to the property even through revenue records.
If mutation has been done on her name, then ask her to produce the mutation records to prove the same and get it scrutinised by your lawyer before purchasing the property.
Mutation of revenue records pdates the local land revenue or municipal records with her name.
This step ensures that she is recognised as the new owner for paying property tax.
Mutation means the recording in the revenue record of transfer of rights of the property from one person to other(s)
Therefore, as she already possess the Will, original title documents on her parents name and other title chain documents, it can be established that she has title to the proeprty to sell the same to the prospective buyer.
However you are advised to obtain a proper legal opinion from an expert lawyer in the local and proceed only if recommended.
Though chain of documents is unbroken, daughter needs to get her name mutated in records. It can be done through will, in Haryana probate of will is not necessary, it can be directly done submitting application to the authority enclosing copy of will, indemnity bond and NOCs for other legal heirs with payment of nominal fee.
Yes, the daughter can sell the property, but she must first ensure mutation in her name is completed in the government land/revenue records (not just property tax). This legally confirms her ownership and protects your interests as the buyer.
Buyer Tip: Wait for mutation, verify the will, and check for any disputes or encumbrances before proceeding.
The property in question was originally purchased jointly by the husband and wife. On the demise of the husband in 2015, his share in the jointly owned property would have devolved upon his Class I legal heirs under the Hindu Succession Act, which includes the surviving wife and their daughter. The daughter subsequently executed a deed of relinquishment in 2017, transferring her share to the mother, effectively making the mother the sole titleholder of the property.
In 2022, the mother passed away leaving behind a registered Will. The said Will bequeaths all her assets, including this property, in favour of her only daughter, with a further contingent clause in favour of the daughter's husband and son in the event of her premature demise. Since the mother’s death has occurred and the daughter survives, all rights and title under the Will vest entirely in her.
Based on this Will, supported by the death certificates and succession documentation, the daughter is lawfully entitled to inherit the property and possesses the right to sell it. However, legal formalities in respect of the ownership should ideally be completed before any conveyance to a third party.
As regards ownership entries in the government records: Mutation is the administrative process for recording the name of the new owner in municipal or revenue department records. While the daughter has apparently completed property tax mutation, it is correct that this alone does not conclusively establish title. Mutation for municipal tax purposes only evidences assessment liability and is not proof of ownership in itself.
In cases of transfer by inheritance, especially under a Will, it is imperative to either probate the Will (if required under jurisdiction) or submit the Will along with death certificates and legal heir documents to the local revenue authority or municipal office for mutation under succession. Registration of a sale deed from mother to daughter is not required if the daughter inherits under a Will; however, public record updation via proper mutation is essential before entering into a third-party sale.
Therefore, before proceeding with the purchase, it is strongly advisable to ensure the following:
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The Will is valid and, where required by jurisdiction, has been probated.
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The daughter has submitted necessary documents and has obtained mutation in government land/revenue/municipal records in her name.
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A certified copy of the updated mutation order and municipal property tax record should be obtained.
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All other legal documents and link title papers be verified to ensure a clear and marketable title.
Unless mutation in her name is completed and the inheritance is reflected in the revenue/municipal records, the property title may be considered incomplete from a third-party purchaser’s perspective.
Should you require assistance in conducting due diligence, verifying title, interacting with the sub-registrar or mutation authorities, or drafting and registering the sale transaction, we remain available for further legal assistance.
The daughter can legally sell the property without mutating it in her name in revenue records, as her title is derived from the mother’s will and prior relinquishment deed, not the revenue records. However, mutation is strongly recommended to avoid practical and legal complications.
To become the owner in government revenue records in Faridabad, Haryana, the daughter must apply for mutation with the Tehsildar (for revenue records like Jamabandi/Khatauni) and, if not already done, the Municipal Corporation of Faridabad (for property tax records)) since she claims it is done, it should be verified). The process involves submitting the mother’s will, death certificates, relinquishment deed, and other documents, followed by verification, public notice, and issuance of a mutation order. The property tax mutation she claims to have done supports her ownership but is not sufficient—revenue record mutation is essential for a clear and marketable title.
- As per law, after the demise of the husband intestate , his property would be devolved upon his legal heirs equally , i.e. his wife and the daughter
- Further, if the daughter has released her share in favor of mother way of registered release deed , then the mother was having her legal right to transfer the same to her only legal heirs i.e. daughter by way of a Will.
- Since, the mother has already transfer the property to her daughter then the daughter can sell the property after the demise of her mother.
- She should apply for mutation of the property in her name after submitting the said Will copy and death certificate of her mother.
Let me answer point wise:
- Chain of title – Husband’s share devolved on wife & daughter after his death (2015). Daughter relinquished her share in 2017 to mother → Mother became sole owner. Mother’s Will (2022) bequeaths property to daughter → Daughter now becomes owner as per Will after probate/registration (probate compulsory in notified areas; advisable otherwise).
- Right to sell – Yes, provided Will is valid, unchallenged, and property stands mutated in her name in municipal/revenue records.
- Mutation – Property tax mutation is not conclusive proof of title; revenue/mutation in govt. records is needed for clear title.
- Title transfer – She must apply to local revenue/municipal authority with death certificates, relinquishment deed, Will, and SMCs for mutation.
- Your due diligence – Check original title deeds, registered relinquishment deed, registered Will/probate, latest mutation order, and encumbrance certificate before purchase.
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