Mutation Of Name In L&do
Mutation of a property means the transfer of the title of ownership of an immovable property from one person to another. Upon mutation of a property, the name of the transferee will be mutated in the records of the lessor.
In case of the death of the owner, mutation is required to be done in the names of his/her legal heirs.
On the receival of application for mutation, it is required to be verified by the concerned authorities whether the transfer has been effected with lessor’s permission. If so, then the transferee is required to provide a copy of transfer deed duly attested by the Sub-Registrar Office.
The Sale Deed of Gift Deed will not be referred to the Branch Officer or Legal Officer for scrutinization, if the sale permission/gift permission has been executed by the lessee itself. All the required documents shall be referred to the Branch Officer or Legal Officer for vetting, if the execution of the Sale Deed has been furnished through an attorney.
Substitution is the process of mutation of the names of legal heirs on the death of lessee. Application for this purpose shall be made on a plain paper signed by all or one of the legal heirs accompanied by the following documents:-
- Attested copy of the death certificate of the lessee issued by the local body.
- Affidavit in the prescribed format of all the legal heirs, duly sworn before a Magistrate/Sub-Judge, if the property is to be substituted in favour of all the legal heirs.
- Certified copy of the Relinquishment Deed duly registered with the Sub-Registrar in whose jurisdiction the property is situated; in case one or more legal heirs want to release his/her share in favor of the applicant.
- Copy of the ‘Will’ if any, left by the lessee.
If the application and the documents furnished are in order and there is no dispute about the genuineness of the ‘Will’, then the substitution letter shall be issued to the applicant within the next three months. Where genuineness of ‘Will’ is disputed by any of the legal heirs, then the following procedure shall apply in respect of registered or unregistered ‘Will’.
In cases, where the property is to be substituted in favour of one or more legal heirs on the basis of a Will (Registered/Unregistered) the beneficiary/beneficiaries shall be asked to submit affidavit in the prescribed format, along with the affidavits of all other legal heirs. If it is not possible for the beneficiary to furnish affidavits from all the legal heirs, then he/she shall be asked to obtain probate of the ‘Will’ from a competent Court of Law and furnish certified copy of the same before substituting the property.
Substitution on the basis of court orders or decree shall be carried out on furnishing by the successor of the property, an attested copy of the death certificate of the lessee and a certified copy of the court order or decree declaring the successor to be the lawful heir to the property.
PROCEDURE FOR PROCESSING SUBSTITUTION CASES:
If the property is to be substituted in favour of all the legal heirs when there is no ‘Will’ or Relinquishment Deed or any other legal documents, then the affidavits of the legal heirs and the death certificate shall be checked in the Section concerned and substitution letter put up.
In case, where the substitution is to be carried out on the basis of the Will, or Relinquishment Deed, or Court Order, or any other legal document such as letter of administration, all such documents shall be referred to the Branch Officer/Legal Officer for vetting. In case of any doubt, the matter shall be referred to the Assistant Legal Advisor by the Branch Officer, with a proper referring note clearly stating the issue of advice.