Neha Chopra 11 February 2019

Title transfer after parent's death

I have an inherited property in Delhi, the mutation of which is already in my name. The registration for the property is in the name of my grandmother and my father, who have both passed away since. I am the only legal heir. Can I sell the property only on the basis of mutation and death certifications of both my grandmother and father, or the title needs to be transferred in my name before I can sell it? There is no registered will left by both of them.

Also, if the sale cannot be done without title transfer, how much time will it take in my case (as mentioned before, the mutation is already in my name) and what are all the documents I will need?

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4 Replies

Shashi Dhara 12 February 2019

U file declaratory suit in civil court with necessary documents stating that u r the sole owner if any one objects Ur ownership.if no one objects give application to concerned authorities to change khata to Ur name and then afterwards sell it.

Suhail suhail (LAWYER) 12 February 2019

The mutation is already in your name, you can get fesh revenue documents from the land records;there must be an order by which the mutation was effected and upon what instrument the mutation was recorded in your name.

If that is recorded correctly then you don't need to get any other document as the property is transferred already in your name. You need to get a fresh mutation/Revenue extrat (jamabandi ) from the patwari concerned and proceed as you wish to deal with your property.

However if you wish to get a decree for the ownership of such property then file a suit for declration.

G.L.N. Prasad (Retired employee.) 12 February 2019

Mutation by itself may not provide you any rights but having a valid legal title through succession is more important. The possession of the property and claimants if any is also important. If you are having mutation, death certificates, legal heir certificates, with such possession that may not be complicated. Contact any advocate and let the purchaser publish a Notice to public of their intention to purchase the property from you through news papers.