Query regarding how to get property transferred
Querist :
Anonymous
(Querist) 31 August 2021
This query is : Resolved
The house I am living belonged to mother (who recently passed away). she has not left any will. My father had passed away way before my mother. I am the only child of parents. I have been told to get the property registered in my name by approaching the court by some relatives. Though, I do not have any idea on how much it is going to cost, etc. Could you please give me details how to go ahead and give me how much it may cost ( a estimate) as I do not have very high paying salary.
Thank you in advance.
kavksatyanarayana
(Expert) 31 August 2021
You can obtain a legal certificate from the Tahsildar concerned by submitting an application with a copy of the death certificate of your parents. After obtaining the legal certificate, you consult Municipal/Corpn,/Panchayat (as the case may be) to change the same in your name.
Dr J C Vashista
(Expert) 01 September 2021
Well analysed, opined and advised by expert Mr. Kavksatyanarayana, I endorse and appreciate.
Obtain surviving member certificate from area Tehsildar/ SDM and apply for mutation of property left behind by your parents.
If you are unable to proceed, it would be appropriate to consult and engage a local prudent lawyer.
Advocate Bhartesh goyal
(Expert) 01 September 2021
Yes, obtain heirship certificate from Tahsildar and apply for mutation to concerned authority along with heirship certificate.
K Rajasekharan
(Expert) 01 September 2021
Issue of Legal Heirship Certificate and Mutation are things being done in each state based on the state laws. Based on the Kerala experience let me add two points as below.
Legal Heirship Certificate issued by the revenue authorities, backed by no law of the land but by some executive orders, has nothing to do with transfer of immovable property. It neither decides the legal heirs nor enables anyone with any right in the property of the deceased. Its purpose is to enable a legal heir to claim the amount of dues due to the deceased person from the government or allied agencies, to the limit of five lakh as of now in Kerala.
Then regarding mutation, it is a matter to be done by the revenue authorities ‘suo motu’ when they learn about the death of a land owner. The legal heir has a right to apply for mutation but without such application mutation will have to be done if the village officer happens to learn about the death. The rules 2(3) & 3 (c) governing the mutation in Kerala state relating to succession (similar rules will be in force in each state) are there at https://ildm.kerala.gov.in/wp-content/uploads/2016/08/Transfer-Of-Registry-Rules-1966.pdf
P. Venu
(Expert) 01 September 2021
In the given context, you may apply for mutation in your favour in the Municipal/Revenue records on the strength of the death certificate and follow up the matter. Each State has its own norms and procedures.
