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Amina (Homemaker)     03 December 2013

Sale of non mutated property by legal heirs of deceased owne

Hello,

 

My father passed away some time ago and he owned a dda flat in Delhi. He didnot leave a will, my question is can we sell the flat by giving NOC to the buyer or do we have to go through the mutation formality? We are 3 legal heirs living in differentiates of the world, my mother and sister. Dda mutation is a lengthy process so is it possible to sell the flat without mutation?

Azra



Learning

 3 Replies

sripada VRS (LEGAL AND FINANCIAL ADVISOR)     03 December 2013

DEAR friend mutation is compulsory, for municipality circle. ur sale is not objactble if purchaser accepted and paid cash. but any housing loan bankers ask for latest municipal tax receipt. then they objected. till no problem. this my opinion.

S.V. RAMAKRISHNA

ADVOCATE

HYDERABAD

Arvind Manghirmalani (Advocate High court Bombay Trained mediator 91-9869617090 9594255075)     27 May 2014

I agree with Mr. Sripada VRS. If purchaser agrees to purchase pending mutuation, then you all legal heirs are required to be selling party. 

9869617090

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     31 May 2014

After the death of your father, naturally and automatically, you all the three will get equal right over his properties. Therefore, you along with your mother and sister can sell out the said property as joint owner of the same. There is no need to effect mutation in your name. On the other hand, the purchaser can make application to effect mutation in his name after executing and registering the sale deed.

Mutation documents will not create any title. But, such documents will show only the possession.

 


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