• Regarding mutation of resale apartment

I have purchased a resale flat of about 6 yrs old (construction age) and registered my name through sales deed few months back.
I have all the title deeds which includes
1. Mother Deed of the property (From Builder say 'B' to the Previous owner say 'PO')
2. Sales Deed of the land. (From owner say 'O1' of the land to Builder 'B')
3. Sales Deed of Land (From Previous owner say 'O2' to the owner 'O1')
4. Sales Deed of Land (From Previous owner say 'O3' to the owner 'O2')
Note the chain is O3 -> O2 -> O1 -> B -> PO -> Me. and the chain dates back to 1964.
5. Mutation certificate from concerned municipality in favor of PO i.e for the said flat.
6. Updated tax receipt from concerned municipality in favor of PO i.e for the said flat.
7. Updated khajna receipt from BL&LRO for the said land.
8. Parcha from BL&LRO for the said land in favor of O1.
9. Sanction plan of the building from the concerned municipality.

I would like to know the followings
1. Can I get a Parcha in my name for the said flat from BLRO (Sodepure, WB) if yes like to know the process, also like to know if Builder and/or other occupants/owners needs to be involved for the same. 
2. Do I need the CC/OC for getting my name mutated from the concerned municipality.

Also as per the parcha and sanction plan the land has two LR Dag nos. While LR Dag No.x is Bastu in nature but LR Dag No y. is 'badh' in nature, but the catch is as per parcha LR Dag No y does have any share of land. That is the entire land is located/demarcated in LR Dag No x.
If the above is going to be any issue in future ? If yes what could be the likely issue and how to solve the same ?
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

Mutation of flats registered under Cooperative Societies Registration Act 1973 under section 178 (2)(III) of KMC Act 1980:

1) ‘No Outstanding Certificate’ (NOC) from Assessment-Collection Department

2) Certified copy or photo copy duly attested by group A Gazetted officer/ Notary Public/ Category ‘A’ KMC

officer/ College principal(s) / University teachers / Public Sector Bank managers / Postmaster of documentary evidence showing the devolution of title from the recorded owner(s) as in the Assessment register. e.g.Registered Deed of Conveyance

3) Copy of resolution of the Society accepting the applicant as member of the Society along with approval of the

Assistant/ Deputy Registrar of the Co-operative Societies towards such resolution, duly certified by the

Secretary/ Chairman of the Society

4) Photo copy of share Certificate duly certified/attested by the Secretary/ Chairman of the society showing

transfer of certificate in favour of the applicant

4. Mutation of flats registered under WB Apartment Ownership Act 1972 under section 178(2)(IV) of KMC

Act 1980:

1) ‘No Outstanding Certificate’ (NOC) from Assessment-Collection Department

2) Certified copy or photo copy duly attested by group A Government officer/ Notary Public/ Category ‘A’ KMC

officer/ College principal(s) / University teachers / Public Sector Bank managers / Postmaster of documentary

evidence showing the devolution of title from the recorded owner(s) as in the Assessment register e.g.

Registered Deed of Conveyance

3) Instrument C of West Bengal Apartment Ownership Act

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

1. You shall have to apply for mutation of the property by submitting copy of the sale deed you have got registered in your favour,

2. You are required to attach copy of the deed of conveyance and up to date tax payment receipt only for getting the property mutated in your name.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. Can I get a Parcha in my name for the said flat from BLRO (Sodepure, WB) if yes like to know the process, also like to know if Builder and/or other occupants/owners needs to be involved for the same.

The certified record of rights known as Porcha is in favor of O1.

This O1 was in possession of entire land now converted and constructed as flats

So how do you think that you can get the rights of entire property on your name.

You can have your property/flat mutated on your name which is also known as sub-division

Dont bother about the Porcha now.

The other documents are more than sufficient to prove your title to the property.

2. Do I need the CC/OC for getting my name mutated from the concerned municipality.

Yes the CC/OC is an essential certificate for not only mutation of revenue records but also for availing all the basic amenities like water supply, electricity supply etc.

If the above is going to be any issue in future ? If yes what could be the likely issue and how to solve the same ?

Since the property has crossed all those stages and got approval for conversion after crossing these stages, yo need not be worried or concerned about all such petty issues.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

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