How To Get Mutation Done After Owner's Death?

When the owner of a property passes away, the legal transfer of property to the rightful heirs must be recorded in the revenue records through a process called mutation. This ensures that the property is recognized in the name of the legal heirs and any further tax assessments and legal obligations are transferred to them. The mutation process can vary depending on the state laws, but the general procedure involves submitting specific documents and completing the required formalities.

Steps for Mutation After Owner’s Death:

Obtain the Death Certificate:

The first step in the mutation process is to obtain the death certificate of the deceased property owner. This document serves as proof of the death and is required by the revenue authorities to begin the mutation process.

Legal Heir Certificate or Succession Certificate:

If the property owner’s will is not available, the legal heirs must obtain a legal heir certificate from the local authorities to establish their relationship with the deceased.

In cases of disputes or if the heirs cannot agree, a succession certificate can be obtained from the court.

Prepare the Mutation Application:

The legal heirs need to submit a mutation application to the local revenue office or municipal corporation where the property is registered. The application typically requires the death certificate, legal heir certificate, and proof of the deceased’s ownership of the property (such as the sale deed, gift deed, or will).

Submit Relevant Documents:

Along with the mutation application, the following documents should be submitted:

• Death certificate of the property owner.
• Legal heir certificate or succession certificate.
• Proof of ownership of the property (e.g., title deed, property tax receipts, etc.).
• Identity proof of the legal heirs (Aadhaar card, voter ID, etc.).
• Proof of residence of the legal heirs.

Verification by Authorities:

Once the application is submitted, the revenue authorities or municipal corporation will verify the documents and details of the property. They may ask for additional documents or clarifications if needed.

The authorities may also conduct an inquiry to ensure the legitimacy of the claim.

Assessment of Property Tax:

The property will be assessed for any outstanding taxes, and the legal heirs will be responsible for clearing any dues. Once the dues are cleared, the mutation process can proceed.

Issuance of Mutation Order:

After the verification and approval, the revenue office will issue a mutation order, officially transferring the property to the names of the legal heirs. The property will now be recorded in the land records in the heirs’ names.

Updating Land Records:

Finally, the mutation will be updated in the land records or property records, and the heirs will be considered the official owners of the property. The heirs may now be able to sell, transfer, or mortgage the property if they wish.

Important Considerations:

Time Frame:

The time required for the mutation process can vary depending on the jurisdiction and the completeness of the documents. On average, it can take anywhere from 30 days to several months.

Disputes Among Heirs:

If there are disputes among the legal heirs regarding the property, the mutation process may be delayed until the matter is resolved. In such cases, the matter may need to be settled in court.

No Mutation Without Legal Heir Certificate:

Without proper documentation like the legal heir certificate or succession certificate, the mutation will not be accepted. Hence, obtaining these documents is crucial.

Role of Will:

If the deceased property owner left behind a will, the executor of the will can submit the will along with the mutation application. The property will be transferred according to the terms of the will, and the heirs named in the will will have their names updated in the land records.

Mutation in Case of Joint Property:

In case of joint property, all legal heirs must be involved in the mutation process, and their names will be entered as the co-owners of the property.

Example:

Suppose Mr. Verma owned a piece of land in Delhi. Upon his passing, his son and daughter (legal heirs) need to get the property mutated in their names. They first obtain the death certificate of Mr. Verma and the legal heir certificate from the local Tehsildar office. They then submit the mutation application along with the death certificate, heir certificate, and Mr. Verma’s property documents to the revenue office. After verification, the authorities issue a mutation order, and the property is transferred to the heirs' names in the land records.

Conclusion:

The mutation process after the death of a property owner is a legal procedure that ensures the property is transferred to the rightful legal heirs. The process involves obtaining key documents such as the death certificate, legal heir certificate, and proof of ownership, followed by submitting the mutation application to the local authorities. Once completed, the property is officially transferred, and the heirs' names are updated in the revenue records. In case of disputes, the matter may require court intervention to resolve the issue.