Mutation has to be done in name of sellers first 

then  only mutation can be done in name of your father and the legal heirs 

approach legal heirs of sellers to do mutation in their names first 

This situation involves a mix of procedural hurdles and ownership disputes due to the lack of mutation, incomplete property records, and delays in adjudication. Below is a step-by-step practical and professional approach to resolve this matter and secure your rights over the property.

Key Issues Identified:

1. Mutation Issue: The names of the sellers do not appear on the property card, as it still reflects their ancestor.
2. Registrar's Refusal: The Registrar cannot execute any documents as the sellers’ names are missing on the property card.
3. No Mutation in Your Father's Name: Despite having a valid conveyance deed (and Index II), your father’s name has not been updated in the property records.
4. Heirs' Interest: The heirs of the sellers still control a significant portion of the land in the same CTS number, complicating the mutation process.

Recommended Steps

Step 1: Title Verification and Document Collection

• Obtain certified copies of the following documents to confirm ownership history and the chain of title:

• Registered Conveyance Deed (found at MHADA Bandra).
• Index II issued by the Registrar in 2019.
• Latest 7/12 Extract showing the sellers’ names with ferfar (mutation) numbers.
• Property card (PR card) showing the name of the sellers' ancestor.
• Death certificate of your father and legal heir certificate to prove your legal standing.

Step 2: File for Mutation at the Tehsildar’s Office

• Submit an application for mutation to transfer the land in your father’s name, attaching:

• Conveyance deed.
• Index II (proof of ownership).
• Death certificate and legal heir certificate.
• Any ferfar numbers reflecting relevant transactions in the 7/12 extract.

• The Tehsildar may object due to the property card issue. In that case, request that they initiate correction proceedings under Maharashtra Land Revenue Code, 1966, to update the records in accordance with the 7/12 and conveyance deed.

How I Can Help: I will draft and file the mutation application and respond to objections from the Tehsildar, ensuring your claim is processed correctly.

Step 3: Approach the Heirs of the Sellers

• Why Involve the Sellers' Heirs?

• Since the sellers’ names do not appear on the property card, the mutation of their ancestor's name to theirs is a prerequisite for further transactions.
• The heirs of the sellers must complete mutation from their ancestor to their names before the property can be legally transferred to your father’s name.

• Proposed Action:

• Send a legal notice to the heirs of the sellers, requesting them to initiate mutation proceedings in their names for the specific portion sold to your father.
• Offer cooperation and clarity in segregating your father's share from the remaining land parcel.

• If They Refuse:

• File a suit for declaration and mandatory injunction to compel the heirs to complete the mutation and honor the sale agreement executed by their predecessors.

How I Can Help: I can draft and serve the legal notice to the heirs of the sellers and represent you in case of litigation.

Step 4: File a Suit for Declaration and Mutation

If the above steps do not yield results, file a suit in the civil court for:

1. Declaration of Ownership: Based on the conveyance deed and Index II, seek a declaration that your father (and his legal heirs) are the rightful owners of the property.
2. Direction to Authorities: Request the court to direct the Tehsildar and Collector to:

• Update the mutation records in favor of your father.
• Correct the property card to reflect the sellers’ names (or their heirs) in the interim, as per the sale deed.

How I Can Help: I will draft and file the suit on your behalf, present evidence, and handle court proceedings to secure the declaration and mutation.

Step 5: Engage with the Revenue Department

• Request the Collector or Sub-Divisional Magistrate (SDM) to exercise their authority under the Maharashtra Land Revenue Code for record correction.
• Provide them with the conveyance deed, Index II, and 7/12 extract to show the inconsistency in the records.

How I Can Help: I can draft representations to the revenue authorities and follow up to ensure timely action.

Important Points to Consider

1. Time Sensitivity: Since the property has not been mutated for decades, delays in addressing this issue may make it harder to assert ownership, especially if the sellers’ heirs try to claim the property.
2. Avoid Future Disputes: Resolving the property card and mutation issues now will protect your legal rights and ensure clear title for future transactions.
3. Legal Heir Documentation: Ensure all legal heirs (widow and children) are named in the property records to prevent disputes among your family members.

Consultation and Drafting Services

To ensure a smooth process, I offer the following services:

1. Drafting Mutation Applications: ₹15,000–₹25,000.
2. Legal Notices to Sellers’ Heirs: ₹10,000–₹20,000 per notice.
3. Civil Suit for Declaration and Mutation: ₹1,00,000–₹2,50,000 (depending on complexity and court jurisdiction)

Next Steps

1. Schedule a consultation with me to review all documents and assess your legal options.
2. Engage me to draft and file the necessary applications, notices, or suits to secure your rights over the property.

This matter requires immediate attention to avoid further delays and complications. Please feel free to reach out to book an appointment so we can begin resolving this issue.

1. File a declaratory suit before the district court 
2. Willing to handle litigation. ९८२०८९७८८४ (nine eight two zero eight nine seven eight eight four) 

You can execute a sale agreement with all legal heirs provided you have possession 

If the concerned revenue department is refusing to mutate the property in your father's name despite a registered sale deed on his name then you may resort to legal action.

You may file a suit for mandatory injunction to direct the concerned revenue department to mutate the revenue records in favour of the legal heirs of your father.

You need to file and appeal against the  order of Tahasildar to the  Deputy Collector.

Your case involves complexities around property title and mutation, which require strategic action. Here's an appropriate course of action:

1. Verify Ownership Documents:

   • Ensure that the conveyance deed in your father’s favour is complete and legally valid. Since it was adjudicated and Index II has been issued by MHADA, this confirms the transaction occurred, but it is essential to confirm its validity and completeness.
   • Confirm whether the sellers’ names appearing on the 7/12 extract match the sellers in the conveyance deed. This establishes continuity in the chain of title.

2. Mutation Process:

   • Mutation of property requires linking your father’s purchase to the existing record on the 7/12 extract and property card. Since the sellers’ names have not been updated on the property card and their ancestor's name persists, mutation to your father’s name cannot proceed directly.
   • The heirs of the sellers must first initiate the mutation process to reflect their names on the property card. Without this step, your mutation request cannot be processed.

3. Coordinate with Sellers’ Heirs:

   • Approach the sellers’ heirs and request them to complete the mutation process for the portion of land corresponding to your father's purchase. Emphasise that their cooperation is essential to resolve the issue.
   • If they are uncooperative, legal action may be necessary.

4. Legal Options:

   • File a declaratory suit in the competent civil court to declare your father as the rightful owner of the purchased land. This will establish a clear title in his name based on the registered conveyance deed and Index II.
   • Include a prayer for the court to direct the Tehsildar to update the property card and 7/12 extract.
   • If the sellers’ heirs are uncooperative, make them parties to the suit to ensure their compliance with the mutation process.

5. Succession Certificate:

   • Since your father passed away intestate, obtain a succession certificate or legal heirship certificate. This document will establish the widow and three children as rightful heirs. Once the mutation to your father’s name is complete, you can further mutate the property into the names of the heirs.

6. Consultation with MHADA and Registrar:

   • Engage with the MHADA office to understand their procedure for cases where sellers’ heirs have not updated their property records. They may provide assistance or guidance.
   • Request the Registrar to provide documentation or official communication clarifying their stance on the release deed issue.

Immediate Steps:

1. Engage a property lawyer to assess the deed, Index II, and all other related documents.
2. Initiate communication with the heirs of the sellers to resolve the mutation backlog amicably.
3. Prepare to file a declaratory suit if amicable resolutions fail.

Addressing these steps will clarify ownership and help secure the title in your names.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Dear Client,  

Your situation pertains to the issue of title and mutation as a result of un-updated ownership records in the property card. Here is how it is done:  

1. 
   Obtain a Legal Heir Certificate and Succession Certificate: As your father died intestate, you (being the widow and having three children) must obtain a Legal Heir Certificate from the Tehsildar, and if necessary, a Succession Certificate from the civil court to assert your ownership rights.  
   

1. 
   The Mutation Process: Since the sellers' names appear on the 7/12 extract, but not on the property card, you should ask the legal heirs of the sellers to initiate the mutation of their names in the property card. They can do this through a proper application before the Tehsildar along with relevant title documents and past sale records.  
   

1. 
   Deed of Confirmation/Declaration Suit: Should the heirs of the sellers cooperate, they can execute a Deed of Confirmation with respect to the sale transaction in favor of your father's legal heirs and allow for the mutation. If they refuse to do so, or unduly delay in doing so, you may have to file a declaration suit in the civil court to have the ownership established in law.  
   

1. 
   Approach MHADA and the Collector's Office: Given that MHADA has issued Index II in 2019, you should check with MHADA and the Collector's Office about the adjudication process and whether they could assist in fixing the mutation issues.  
   

1. 
   Writ Petition/Title Suit: If the Tehsildar and the Registrar do not take any action, despite all documentary proof in your favor, you might have to consider filing a writ petition in the High Court with a prayer for directing the authorities to mutate the property in your father's name on the basis of its registered sale deed. 
   

Because of the complexity of the matter, you need the legal assistance of a property lawyer in Mumbai to get through with all the steps for mutation, confirmation, and possible litigation.  

Hope this helps. Let me know if you need any further guidance. 

firstly if the conveyance deed is registered with the Sub-Registrar of Assurances then a certified copy can be applied for

MHADA cannot issue any index 2

it may have merely given the certified copy of the index 2

for mutating the property card the sellers of your father would have to sign on a particular form for submission to the city survey office

if the sellers are not traceable the only option would be to file a declaratory suit against the sellers or their unknown legal heirs and obtain a declaration from the court that your late husband was the rightful owner of the property and after him the property has devolved on his widow and children 

The option to approach court with a suit for mandatory injunction can be used as last option after exhausting the remedies available before that.

You can discuss with your advocate and proceed as suggested.

file declaratory suit 

contact a local lawyer as seller legal heirs are not cooperating for mutation 

On the basis of conveyance deed you can seek directions from court to get the property mitigated in your name being legal heir of your father 

Since the sellers' heirs are uncooperative and the City Survey Office insists on their mutation first, a declaratory suit is the best option. File a suit in civil court to declare your ownership based on the registered conveyance deed, Index 2, and possession. Request the court to direct authorities to update the property card in your name.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Your problem is sellers have not mutated their name in the  property card. File a suit seeking direction to sellers to mutate their names in property card so that you can get it mutated in your name. If they fail to do so, Court will issue direction to the  Authority to do so. Thereafter you can come on property card as names of sellers is brought on property card. File suit under Section 10 of Specific Relief Act, 1963.

it appears that your father purchased the land from the legal heirs [the 3 sellers] of the deceased owner whose name reflects in the PRC

if the ancestor of the sellers is no more then his name is required to be deleted from the PRC and substituted by the names of his heirs [the 3 sellers]

it appears that the above was not done

i will need to see the PRC and 7/12 and also the registered title deed under which your father purchased the land in order to understand the flow of title 

in any event since your father purchased the land under a registered deed, his title to the same is not under cloud

mutation in PRC or 7/12 is merely for fiscal or revenue purposes and mere absence of name in the PRC or 7/12 does not affect the title 

so it appears that your father's title is clear 

Had already adviced you to go for declaratory suit. Do the needful, as stated in previous advice 

Thank you for providing additional details. Given the situation where the sellers’ legal heirs are uncooperative and the City Survey Office insists on the mutation of the sellers' heirs’ names on the property card, a declaratory suit indeed appears to be the most practical and effective legal remedy to resolve this issue.

Why a Declaratory Suit is the Best Option:

1. 
   Clear Title Establishment: The suit will seek a declaration of ownership for your father’s share of the land based on the registered conveyance deed and Index II, which serves as proof of the transaction.
2. 
   Court Mandate: A judicial declaration will compel the concerned authorities (Tehsildar, City Survey Office, and Collector) to update the mutation and property records, bypassing the need for the sellers' heirs’ cooperation.
3. 
   Binding Effect: Once the court issues an order, it will be binding on all parties, including the sellers' heirs and government authorities, ensuring the dispute is resolved definitively.

Next Steps in Filing a Declaratory Suit:

1. Scope of the Suit

• 
  Declaration of Ownership: Seek a declaration that your father, and now his legal heirs, are the rightful owners of the purchased portion of the property.
• 
  Mandatory Injunction: Request the court to direct:

  • The sellers’ legal heirs to recognize and honor the sale.
  • Authorities to update mutation and property records in your father’s name based on the registered conveyance deed.

• 
  Possession Confirmation: Include a prayer for acknowledgment of your family’s possession to strengthen your case.

2. Evidence Required

Collect and compile the following:

• 
  Registered Conveyance Deed: Proof of the sale transaction.
• 
  Index II: Issued by the Registrar in 2019, confirming the transaction.
• 
  7/12 Extract: Showing relevant ferfar numbers with sellers' names.
• 
  Property Card: Current record showing the sellers’ ancestor.
• 
  Death Certificate: To establish your father’s passing.
• 
  Legal Heir Certificate: To establish the rightful claim of your family as successors.
• 
  Possession Proof: Utility bills, tax receipts, or affidavits from neighbors proving long-standing possession.

3. Drafting and Filing

• File the suit in the competent civil court based on the location of the property.
• Ensure a robust prayer clause addressing all required reliefs to avoid further litigation.

Interim Relief (Optional)

You may file for interim relief under Order 39 Rules 1 & 2 of the CPC to restrain the sellers’ heirs from creating third-party interests or taking any adverse action on the property until the suit is decided.

Why Prompt Action is Necessary:

1. 
   Prevent Third-Party Claims: Delay may encourage the sellers' heirs to sell or create disputes regarding the property.
2. 
   Streamline Property Records: Resolving this issue will simplify future transactions and protect your family’s rights.
3. 
   Avoid Escalation: Early court intervention can prevent further complications due to the heirs’ disputes among themselves.

How I Can Assist:

1. 
   Suit Preparation: I can draft a strong declaratory suit tailored to your case, ensuring all legal aspects are covered.
2. 
   Court Representation: I will represent you in court, manage hearings, and respond to objections raised by the other parties or authorities.
3. 
   Communication with Authorities: If required, I can assist with follow-ups and compliance after the court order.

Given the complexity and importance of this matter, I recommend scheduling a consultation to review all documents thoroughly and plan the best course of action. Your feedback or ratings for this guidance will also help me improve and provide better service. Feel free to reach out to proceed further!

Contact No - Nine Five NIne Two Five Zero Zero Zero Six Eight

WhtasApp on this number to further consultation 

Dear Client,  

As the legal heirs of the sellers are not cooperating and the City Survey Office is insisting on first altering the names to reflect the property card in the said legal heirs' names, the filing of a declaratory suit in the civil court is the most appropriate legal remedy. This suit should seek a declaration of ownership supported by the registered conveyance deed and Index II issued by MHADA, along with mandatory injunctions directing the revenue authorities to have the property reflected in your father's name. The possession of land gives you a stronger claim. Attach all relevant documents relating to the case, including the 7/12 extract with ferfar, tax receipts, and confirmation from MHADA. The legal heirs of the sellers need to be joined as parties in the suit, but the suit can go ex-parte against them if they do not appear. Should the mutation process be further delayed, you can also consider filing a writ petition in the Bombay High Court to expedite the matter. In the given circumstances, a declaratory suit presents the most structured process to confirm your title. Hope this helps. Let me know if you need further guidance.