Mutation in municipal records

ARUN (Querist) 19 October 2012 This query is : Resolved
Respected Seniors and Dear Friends ,

I am a practising lawyer at Delhi High Court and in the District Courts at Delhi. I had a personal problem so kindly suggest with relevant provisions.

My grandfather expired in 2005 intestate leaving behind his wife (MY GRANDMOTHER)who also expired intestate and only son (surviving) (MY FATHER) and no daughter and no other class 1 or 2 legal heir as per HINDU SUCCESSION ACT.

After the expiry of my grandfather the death certificate was obtained from the municipal dept.. Laterly my grandmother expired in the year 2010. And her death certificate was also obtained. A SURVIVING MEMBER CERTIFICATE was also obtained from the SDM in 2012 in which it was clearly specified that my father is the only son and only surviving member.

In the year 1990 my father and grandfather purchased a property jointly and both the names i.e. of my father and my grandfather was updated to the municipal dept for mutation.

Now I have paid the upto date house tax and I had also consulted the concerned house tax officer for mutation in my father's name submitting all the requisite documents such as death certificates of my grand parents and the surviving member certificate.

But the officer refuses to mutate the same and asks for unncessary docs such as Letter of administration/probate/succession certificate.

Kindly suggest whether the docs I am having is sufficient for mutation and under what provision.

Kindly cordinate.

Regards
ARUN SETHI
(Advocate)

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