Fwd: MUTATION IN DELHI IN DEATH CASES
REJIMON C K
From: narendra ahuja <narendr...@gmail.com>
Date: Mon, Oct 17, 2011 at 1:34 PM
Subject: MUTATION IN DELHI IN DEATH CASES
To: REJIMON C K <reji...@gmail.com>
17th October, 2011.
PROPERTY MUTATION IN DEATH CASES IN DDA,MCD, L&DO,
PRICES OF IMMOVABLE PROPERTIES HAVE SKY ROCKETED STILL ON DEMISE OF OWNER OF IMMOVABLE PROPERTIES, LEGAL HEIRS DO NOT GET PROPERTIES INHERITED FREE OF COST BY THEM, MUTATED IN THEIR NAMES IN MCD/DDA ETC -
REASONS -LETHARGY, AFRAID OF GOING TO DDA/MCD/L&DO OFFICES - MUTATION IS SIMPLE PROCEDURE AS IS EXPLAINED BELOW:
Dear Friend,
I get lot of queries regarding MUTATION OF PROPERTY in Delhi in death cases. Many persons(Legal heirs) don't get properties mutated in MCD. L&DO, DDA, NDMC etc (where applicable)after demise of original owner for unknown reaons - lethargy of going to MCD/L&DO office and meeting Inspector etc. However, they just forget each property is worth crores now a days and their delay may mean many a times that property can be usurped by unscruplous people. Remember everything is possible in Delhi even property in the name of dead person can be transfered in the name of other fictious person. BEWARE.
Kindly note that understandably, dead person cannot own any property and hence desirable that it should be mutated in the name of legal heir(s) in the appropriate forum in Delhi.
MUTATION OF PROPERTY IN CASE OF LEGAL HEIR HAVING REGISTERED WILL IN DELHI /NEW DELHI UNDER JURISDICTION OF MCD/NDMC
WHAT IS MUTATION OF PROPERTY ?
Mutation of property means the recording of ownership in revenue/Corporation record of transfer of title of the property from one person(s) to other person (s). It is generally done on
A.death of original owner
B. Sale of property
C. Gift of property
There are two types of properties in Delhi i.e.
a. Leese hold
b. Free hold.
(ALL THOSE HAVING LEESE HOLD PROPERTIES ARE ADVISED TO GET SAME CONVERTED TO FREE HOLD FROM THE ALLOTTING AUTHORITY BY MAKING ONE TIME PAYMENT AND STAMP DUTY.)
In the case of Leese hold properties, owner remains the one has leased the property i.e. DDA or Land & Development Office(L&DO) of Ministry of Urban Development, etc. L&DO /DDA charge Leese money/Leese charges every year from the person who has taken property on Leese subject to increase as per Leese agreement. Leese period is generally of 99 years or less depending upon Leese agreement. . After the leese period is over, property returns to the Leesing Authority.
MOST PEOPLE FORGET TO PAY ANNUAL LEESE MONEY/CHARGES
It is violation of the Leese agreement and Supreme Court has held that Lessor can get the premises vacated in case of violation of terms of Leese agreement (SC in DLF in South Delhi Club, GK case - 2010 ).
In case one has not paid Leese money to L&DO /DDA, please make an application immediately to concerned authority to know the exact amount to be paid including interest and pay immediately.. Delay can be fatal and Courts may not be help after the Suprme Court decision.
PROCEDURE OF MUTATION OF PROPERTY IN MCD
LEESE HOLD PROPERTY
In the case of Leese hold property, mutation in case of death of original owner is allowed generally after same has been allowed by the lessor authority i.e. . DDA/L&DO.
MCD
While applying for Mutation in MCD following documents are required:
Death Certificate in original
Copy of Original Registered Will (Certified Copy)
Indemnity Bond on Rs 100 stamp paper duly notarised
Affidavit on Rs ten stgamp paper duly notarised
UPTO DATE PAYMENT OF PROPERTY TAX
(GET THESE DOCUMENTS PREPARED FROM THE TYPIST SITING OUTSIDE EVERY MCD office, DULY NOTARISED, CHARGING FROM RS. 250 TO 500 ).
MCD accepts REGISTERED WILL and does not insist for 'No OBJECTION CERTIFICATE FROM THE OTHER LEGAL HEIRS' FROM 18th DECEMBER, 2009 ONWARDS vide MCD circular No. Tax/HQ/2009/D/176/A&C/P Cell dated 18.12.2009. However this is subject to following :
However, in all such cases, mutation should be allowed only after a lapse of three months frfom the datge of receipt of application/death of the testator (recorded owner/tax payers). Prior to allowing the mutation, the name(s) and addressers of the family member and legal heir should be obtgained and after allowing mutation on the basis of Registered Will, intimation should be given to those family members and legal heirs.
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It is once again reitrrated that the mutation in the Property Tax Department record is only for the purpose of relaization of property tax. It does not confer a title in the name of the person in whose name the property has been so mutated.
sd/ MS A KHAN
ASSESSOR AND COLLECTOR
18.12.2009
(This amendment has become possible because of my relentless follow up with MCD for two years )
In case, there is no registered will, MCD inisistgs for NOI OBJECTION CERTIFICATE FROM OTHER LEGAL HEIRS IN FAVOUR OF ONE TO WHOM PROPERTY IS TO BE TRANSFERRED IN MCD RECORDS FOR THE PURPOSE OF PAYMENT OF PROPERTY TAX ONLY.
STILL BETTER TO GET RELIQUEISHMENT DEED (s) ALONGWITH NO OBJECTION CERTIFICATE FROM ALL THOSE WHO ARE GIVING NO OBJECTION CERTIFICATE FROM OTHER LEGAL HEIRS.(THIS MAY BE NEEDED WHEN YOU WISH TO SELL THE IMMOVABLE PROPERTY ).
Many a times I get enquires that since this mutation is only for the purpose of payment of Property Tax, the purchaser of such a property wants to be sure that no problem for intending purchaser comes from other legal heirs.
So far in Delhi there is no Government TITLING agency which entertains the application for giving title of the property to its owner. Delhi Government has mooted such an Agency but bill is yet to be passed. Andhra Pradesh is the only State in India which has such an agency which registers title of property in owner's name.
In such cases, it is advisable to have the following from seller:
Copy of Original Registered/Unregistered Will
Copies of NOC/relinquishment deed given by other legal heirs while getting property mutated in MCD/L&DO/NDMC etc.
I recently had a query from a person from Delhi who had applied for mutation of flat that he has received a letter from Inspector of MCD enquring whether covered area has been increased. Queriest was worried that MCD will carry out demolition if he informs them of increased area. Property Tax Department is concerned with collection of property tax and nothing more. If one gets such an enquiry, please inform them of the actual area of the flat.
However, if such an enquiry is received from DDA/L&DO, it is matter of concern and they may ask you for MISUSE CHARGES from the date of such incease in area, provided it is so written in the LEESE DEED. Please study leese deed .
LAND DEVELOPMENT OFFICE (L&DO) MINISTRY OF URBAN DEVELOPMENT NIRMAN BHAVAN
L&DO insists for NOC from other legal heirs in case of REGISTERED WILL (MATTER HAS BEEN TAKEN UP WITH L&DO and hopefully within next six months, rule may change and they may accept Registered Will and not insist for NOC from other other legal heirs. - till it is done, this is the rule.
If one is unable to produce NOC from other legal heirs , one has to get PROBATE OF THE WILL from Competent Court which means delay, number of rounds of Court, advocate fee and more than 4 Percent expenses of the value of property in Probate.
MUTATION IN CASE OF FREE HOLD PROPERTY
In case of free hold property, there is NO NEED to go to original allotting authority i.e. DDA/L&DO for mutation of property.
In such cases, one has to go to MCD/NDMC, only as the case may be and follow the procedure as described above.
NDMC accepts application for mutation only if L&DO has accepted the mutation request.
HI TECH PROPERTY RECORDS
Delhi Government is bringing legislation to DIGITISE PROPERTY RECORD OF EACH IMMOVABLE PROPERTY IN DELHI. Bill is called "THE DELHI SURVEY REGISTRATION AND RECORDABLE OF TITLE TO IMMOVABLE PROPERTIES IN URBAN AREAS BILL - each property will be given a unique identification number a clear title or OWNERSHIP for the property. . This is primarily meant to prevent fraudulent sale of properties. Once bill approved by Central Government, bill will be tabled in Delhi Assembly.
For clarification on Mutation of property and any problem case of mutation DDA/MCD/L&DO/NDMC please contact me, preferably on my email.
NARENDRA AHUJA
MA LLB,
PG DIP MANCHESTER
ADVOCATE AND MUTATION AND WILL ADVISER
931223482
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