The Ministry of Land has recently published a circular clarifying the issue of mutation of inherited land or immovable property to lessen public harassment in this regard.
It has recently been observed that in many cases, when heirs apply for joint mutation or record correction of inherited land or immovable property in the inheritance certificate, it is being rejected, which is not appropriate, said the circular.
As a result, citizens are being harassed. It is legal to make a joint mutation in the name of all heirs by mentioning the share due to each heir against the total land of the deceased person in the registration certificate, except for the distribution document.
It said mutation of inherited land can be done in two ways. To include the names of all the heirs of a deceased person in one register, the heirs can jointly apply for mutation.
In case of joint mutation (excluding division of shares), the inheritance certificate must be collected from the Union Parishad Chairman, municipality mayor or ward councillor of the city corporation and submitted along with the application.
After receiving such an application, concerned assistant commissioner (Land) will file a case for mutation mentioning the share of each heir in the total land of the deceased person. In this case, the distribution document will not be required.
The circular further states that if the heirs want to register separately and pay the land development tax separately through deposit, then all the heirs should jointly determine who wants to occupy the land in which plot or in which part of a plot according to their availability and register it by executing a compromise distribution document.
In this way, if the heirs apply for mutation separately using the distribution document, a separate mutation can be registered in the name of each heir.
However, in case of making separate mutation in the name of each heir through division, the mutation must be made on the basis of the distribution document as per 143 (B) section of the State Acquisition and Tenancy Act, 1950.
In case of dividing the property of the deceased by breaking the previous registration (in the name of the deceased person) and making separate registrations, only the distribution document is required.
This clarification has been made to all concerned to refrain from rejecting joint mutation applications filed by all the heirs of the deceased on the pretext of lack of distribution documents.