Property Mutation in India

Rajarshi Guha
Jan 25, 2024
3 min read

Updated: Sep 2, 2025

Transferring Ownership from Deceased Parent to Children

Introduction

Property mutation is a crucial legal process that involves updating property records to reflect changes in ownership. In the unfortunate event of a parent’s passing, the property may need to be transferred to the children. In this article, we will guide you through the process of mutating property in India from a deceased parent to child/children, addressing the legal and procedural aspects involved in this sensitive situation.

Understanding Property Mutation after the Parents’ Demise

When a property owner in India passes away, their assets, including immovable property, need to be legally transferred to their heirs or beneficiaries. In the case of a parent’s property transfer after their demise, this typically involves the children inheriting their late parents’ property.

Steps for Mutation of Property after the Parents Demise

Obtain the Death Certificate: The first and foremost step is to obtain the death certificate of the deceased parent from the local municipal authority or registrar of births and deaths. The death certificate is essential for initiating any legal processes related to property transfer.
Confirm the Legal Heirship: In India, the legal heirship certificate, also known as the succession certificate, is often required to establish the children’s right to inherit his/her deceased parent’s property. This certificate can be obtained through a legal process that includes filing a petition before the civil court. A No Objection Certification or Gift Deed may be required from the children of the deceased.
Clear Property Tax Dues: Ensure that all property tax dues and other pending bills related to the property are cleared. This step is crucial as property mutation will not be allowed if there are outstanding dues.
Prepare the Necessary Documents: Gather the required legal documents, including the death certificate, legal heirship certificate, property documents, and identity/address proofs of the parents & children.
Visit the Local Municipal Office: Go to the local municipal or panchayat office, depending on the property’s location, and request the mutation application form. Fill out the form with accurate information and attach all the necessary documents.
Affidavit: It is advisable to prepare an affidavit stating the details of the property transfer from the deceased parents to the children. The affidavit should be notarized.
Submit the Mutation Application: Submit the completed mutation application along with all supporting documents to the local municipal or panchayat office. Be prepared to pay the required mutation fees and charges.
Verification and Site Inspection: The authorities may conduct a site inspection to verify the details provided in the application.
Mutation Order: Once the verification process is completed successfully, the municipal or panchayat authorities will issue a mutation order, officially transferring the property’s ownership from the deceased parents to their children.
Updated Records: Collect the updated property records from the local authorities, which will now reflect the children as the legal owner of the property.

Conclusion

Property mutation in India after the demise of parents involves a series of legal and administrative steps to ensure the smooth transfer of ownership to the children. It is essential to follow these procedures diligently to avoid legal complications and to establish the children’s rightful claim to the property. Seeking legal advice and assistance in this process can be highly beneficial to navigate the complexities and requirements associated with property mutation after a parent’s passing.

NRI Assist Services

We provide assistance for the mutation process for your property, currently serving clients in Delhi-NCR & Kolkata, West Bengal. We become the single point of contact for all your needs. We also provide Power of Attorney (PoA) Service, which means you can complete the process without visiting India.We provide assistance for the mutation process for your property, currently serving clients in Delhi-NCR & Kolkata, West Bengal. We become the single point of contact for all your needs. We also provide Power of Attorney (PoA) Service, which means you can complete the process without visiting India.