• Sale of property

We have a cooperative society flat in West Bengal. My father and mother were joint owners. The original deed has both their names. 

After  my fathers demise, we transferred the shares to my mothers name. We also had the succession certificate furnished in my mothers name.

Now my mother wants to sell the flat. The new buyers lawyer is asking apart from the original sale deed, mutation document in my mothers favour. We don't have the mutation done after my fathers death,

Now the question is, for sale of the flat is mutation required from my father to mother? As I said my parents were joint owners to start with.

Thanks
Asked 2 years ago in Property Law from United States
If the property was in joint name in your father and mother, after your father's death accordingly father's 50% share would devolve all legal heirs of your father i.e.your mother,you and your sister or brother if any.Now you can transfer your share to your mother by a registered Deed of Gift and thereafter your mother can sale absolutely.But If it is not yet done  then you can sale jointly, no need to mutation.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
Hello,
As the property was in the joint names of your father and mother the names in the revenue records would be in their joint names, The mutation is necessary and this will have to be done if the seller insists however,The mutation can be done even after the sale of the property , with the following documents
1.    Notice in Form-B
2.	Death Certificate of your father;
3.	Indemnity Bond 
5.	Affidavit on no judicial Stamp Paper duly attested by Notary 
6.	Affidavit / No objection from other legal heir(s) / co-assesses(s) 
7.	Clearance of up-to-date Property Tax;
9.     Legal heir certificate/succession certificate(if the revenue officer concerned is convinced about the legal heirs of the deceased he can allow the mutation even without the succession certificate)
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1)on basis of succession certificate flat has been transferred by society in your mother name . necessary endorsement has been made on share certificate and duly approved in AGM 

2) i presume legal heirs had executed relinquishment deed or gift deed in favour of mother . as on date your mother is absolute  owner of flat 

3) she can dispose the flat if she so desires . 

4)in case purchaser is insisting on mutation get it done . Mutation is the recording of a transfer of title of a property from one person to another in the revenue records.  The documentation procedure to be followed and the fee payable vary from State to State. The mutation in the municipal records is for the purpose of payment of property tax, and it does not mean a legal title for the person in whose name the property has been mutated in the municipal records.
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
1. After the death of your father his widow and children succeeded equally to his share in the flat. You and your siblings (if any) could have transferred your share to your mother by any of the modes of transfer of property. How did you transfer your share to your mother after your father's demise? Was it through a gift deed or relinquishment deed? If a gift or relinquishment deed was made then was it registered with stamp duty? Was a family settlement made between you and your mother? Share certificate alone does not serve to transfer the ownership.

2. Your mother is at liberty to sell her share in the flat i.e 50% share which she holds by virtue of being the joint owner. The entire flat can be sold by her only if the transfer by you and your siblings of your share is complete. Until and unless the transfer of share by you to your mother has been done in a manner which is consonance with law she cannot sell the entire property.

3. Succession Certificate does not empower your mother to sell the property. No prospective buyer will buy the property on the basis of succession certificate alone.

4. You should get the property mutated in your mother's favour if the ownership thereof has validly been transferred to her. The process can be commenced by filing an application in the prescribed format along with the appropriate fee in the office of tahsildar. All the relevant details of the purchased property are required to be mentioned in this application. The application is then processed and the property is valued for taxation purposes and annual tax payable against the property is fixed by the revenue office. In this process new identification numbers are allotted to the property. After the process is complete the dealing office issues “Mutation Certificate” to the new owner and the name of the new owner is shown as owner of the property.

5. If the title has not been transferred to her then first do so and then apply for mutation.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. Mutation certificate is only the property tax papers and it does not ipso facto create any title on the property and hence it is not considered as a conclusive title proof.

2.However making mutation in the name of the current owner is not so difficult and under the present scenario it does not take more than a month's of time.

3.I hope the title of yours transferred to your mother was done vide registered gift deed. mere share transfer does not complete the transfer.
Devajyoti Barman
Advocate, Kolkata
5234 Answers
54 Consultations
4.9 on 5.0
Mutation is the change of title ownership from one person to another when the property is sold or transferred. By mutating a property, the new owner gets the property recorded on his name in the land revenue department and the government is able to charge property tax from the rightful owner. The documentation procedure and the fee payable vary from state to state.

In your case on the basis of documents such as death certificate and shares transfer certificate get the revenue records updated and get the fathers share of the flat transferred to mother. Once done mutation document will be issued to you.
Atulay Nehra
Advocate, Noida
438 Answers
15 Consultations
4.7 on 5.0
1. for sale of  flat  mutation is not mandatory.

2. registered sale  deed is enough for a valid sale because the real document by which title is transferred is the sale deed and not mutation records.

3. the new buyer after execution of sale deed gets mutation done in his name directly.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Dear Client,
The successors of your father is the title holders of his property of flat. The left flat share of property can be transfered to your mother through you brother and sister should execute relinquishment deed infavor of your mother.For the sale of the property the Mutation in the name of your mother is not mandatory. She can sell the property to the prospective purchaser, the purchaser can get the mutation in his name by producing the sale deed before the Municpal authorities.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
Hi, mutation is not required for the sale of property as it is not agricultural property katha is enough.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Even if your parents were joint owners; after father's death, mutation is required so that your mother's name is recorded as the sole owner. This is because, upon father's death, his share would devolve on all his legal heirs including his widow and children.
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations
3.8 on 5.0
A. Your father died intestate ( without a will) all classes I legal heirs are entitled to obtain a share over the property. Hence, all legal heirs must execute Relinquishment Deed in favor of your mother before selling the flat. .

B.  If mutation is mandatory as per your local law, you can submit Death Certificate of your father and Family Tree, Affidavit and other local authority documents of the same before the concerned authority ( local municipal corporation).

C. Once your submitted the above documents, the proclamation would be issued by the authority to call upon any objection from the public by 15 or 30 days. Thereafter, mutation process would be cleared.

D.Sometimes, an indemnity bond giving an undertaking that the executants indemnifies the municipal corporation in the event of a dispute arising from the mutation made upon his application is sought
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
1. The property was in joint names of your parents,

2. After demise of your father, his 50% share of the said property will be devided amongs your mother and all the children of your father,

3. Hope all the children of your father has executed and registered a Gift deed of Settlement deed in favour of your mother transferring all of you shares of the property in her name,

4. If it has been done then your mother is the rightful owner of nthe said property,

5. Mutation means changing the name in land records for paying tax,

6. Mutation does not convey any title,
.
7. It seems that your buyer is very cautious,

8. Mutate the property in the name of your mother since it is not at all a difficult job.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0
after you father death the property will devove upon his heirs produce death certificate and legal heir and get it mutated
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0

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