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WHAT IS MUTATION OF IMMOVABLE PROPERTY AND HOW TO GET IT DONE IN DELHI

There are large numbers of immovable properties in Delhi which for years and decades continue to be in the names of dead persons. Reasons are various- lethargy as to who would go and meet Inspector but mainly sharp differences between legal heirs for the sharing of immovable property in question. In earlier times, sisters used to write NOC in favour of brothers but with the astronomical rising prices of immovable properties, every one wants part money from parents property. This generally happens in those cases where there is no REGISTERED WILL in favour of someone and ultimately every legal heir becomes owner of part of immovable property. In order to avoid such an eventuality, every person irrespective of age and even young having immovable property in his/her name, MUST write and register WILL. Mutation of property means recording of ownership in Property Tax Department of MCD from one person(s) to other person in case of death of original owner,( four months ) sale and/or gift of immovable .property( three months ). .While most persons get property mutated in case of purchase /gift of property but in case of death, people, where there is no Will, generally start paying property tax in the name of widow/son, in the erroneous belief that property gets automatically mutated in the name of one in whose name, property tax is being deposited after the demise of the earlier owner. It is not correct since. Prescribed procedure in Property Tax Rules of MCD has to be followed before property is MUTATED in new person's name. On the demise of original owner, legal heir(s) is required to apply for mutation of property in his/her name to Property Tax Department along with death certificate in original, copy of registered WILL indemnity bond on Rs. 100 stamp paper , affidavit on Rs ten stamp paper duly notarised and update payment of property tax and payment of Rs150 as fee. In case, Department does not have copy of Registered Deed MCD accepts Registered Will for mutation of property and does not require NOC FROM OTHER LEGAL HEIRS. . In case there is NO WILL Property Tax Department insists for NO OBJECTION CERTIFICATE from other legal heirs in favour of one to whom property is to be transferred in MCD record for the purpose of payment of property tax ONLY. After applying for mutation, please meet Inspector concerned of Property Tax Department for coordination. It may be mentioned that in case one wishes to sell immovable property, after mutation, mutation in Property Tax Department is not sufficient .Buyer generally insists in most cases for Relinquishment Deed of those legal heirs who have not got any part of immovable property.