• Mutation of flat after death of father

My father and mother jointly bought a flat in Kolkata from the developers through a registered deed. But due to a court case regarding the boundary area of the building not pertaining to our portion and some problems found in the plan of the building submitted to local municipality by the developer, they had to submit revised plan in order to get completion certificate. 
The court case later resolved and after 12 years of the registration of the deed the developers finally has gotten hold of the completion certificate from the municipality. Meanwhile my father passed away. The building is still mutated in the name of original land-owners and tax is being paid accordingly. 
I'm the only offspring and now I want to mutate the flat in the name of myself and my mother. I have following questions:
1. Can this be done with a single mutation application or I have to apply separately for two mutations, once for transfer of the owner's name from original land-owners to my mother and once for myself on succession ground?
2. If it can be done with a single application would I need to submit any affidavit or death certificate of my father should be enough? Does my mother need to submit any affidavit regarding her succession?
Asked 4 months ago in Property Law from Kolkata, West Bengal
Religion: Hindu
the flat has to be mutated in your mother name   and your name from that of original land owner name 

2)you would need your father death certificate 

3) affidavit that you and mother are the only legal heirs of your deceased father 

4) your birth certificate and ration card for mutation of property in joint names

Ajay Sethi
Advocate, Mumbai
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1224 Consultations
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Hello,
1) After the passing away of your father, you and your mother equally succeed to the property. You can get it mutated in your joint names in the absence of any other legal heirs.

2) You have to produce the death certificate in the original and relationship document, like ration card that will show how you have been related to the deceased.

3) Besides your individual ID cards and an Affidavit stating that there are no other legal heirs existing.  
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
1. Can this be done with a single mutation application or I have to apply separately for two mutations, once for transfer of the owner's name from original land-owners to my mother and once for myself on succession ground?

A joint application by you and yor mother can be submitted to the competent authority for transferring the property in your name and your mother's name.  
In the application it can be mentioned that the original joint owner. i.e., your father died on .... hence his legal heirs  being you and your mother are the successors in interest.  You can enclose your father's death certificate and legal heir ship certificate obtained from the revenue department along with this application. 





2. If it can be done with a single application would I need to submit any affidavit or death certificate of my father should be enough? Does my mother need to submit any affidavit regarding her succession?

A copy of the death certificate along with the legal heir ship certificate issued by the revenue department or a duly notarised family or genealogy tree certificate may be attached.  If need be then you can affirm the contents in an affidavit format. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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1. The mutation has to be first effected in favour of your parents and only then mutation of inheritance can be sanctioned in your favour.

2. The death certificate of your father and documents of your identity are also to be submitted
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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1. You shall have to submit one application signed by both the legal heirs of your father seeking mutation of the property in their names enclosing the copy of the death certificate and the legal heir certificate evidencing that you two are the legal heirs of your demised father's properties,

2. Not affidavit but the copy of the death certificate of your father is required to be submitted along with your application as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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