Legal Question in Civil Rights Law in India

mutation

my father puchased a piece of land and constructed a building upon it. He expired last year. Myself only the legal heir. Kindly let me be known as where all i need to replace his name with mine and what to do for the reason. Please let me be known about the advantage and procedure for obtaining legal heir certificate from competent court.


Asked on 6/19/08, 5:02 pm

3 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: mutation

u get convenience in dealing with the property. thats it.

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Answered on 6/23/08, 7:11 am

Re: mutation

Body:

my father puchased a piece of land and constructed a building upon it. He expired last year. Myself only the legal heir. Kindly let me be known as where all i need to replace his name with mine and what to do for the reason. Please let me be known about the advantage and procedure for obtaining legal heir certificate from competent court.

Opinion:

As owner of the property, succeeding to your father as his legal heir, you need to enter your name in the property card extract of the said property in the City Survey Office of your town/city. Also enter your name in the municipal records for the purpose of property tax. Both these offices will not take your representation of being the only legal heir of your deceased father, on face value. You have to produce your father's death certificate first and foremost and an order from the civil court declaring yourself as the only legal heir to your deceased father. Once this is obtained from the civil court by way of heirship certificate and submitted in these offices, the same vouches the safety of the officers and staff working for City Survey Office and Municipal office, to mutatate your name in their records without any legal hazards of the mutation being challenged by anybody and suing the office for entering your name as owner of the property, wrongly.

Obtaining heirship certificate from the competent court involves a procedure of filing such an application praying for declaration of being the sole legal heir of the deceased in the court having competent jurisdiction

The court after receiving such application issues a public notice calling upon the public at large to lodge any objections to the said application and claim made by you in the said application. If no such objection to the application is filed then taking in consideration of the description of the property, its value, title deed, death certificate of the deceased yhe court grants heirship certificate which is typed/printed on requisite court fee, considering the present value of the property declared in the application for hiership.

S Dudhat

Advocate

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Answered on 6/19/08, 10:05 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: mutation

Your answer is perfectly replied by Advocate Dudhat so follow the same.

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Answered on 6/20/08, 2:04 pm


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