Mutation after an owner's death in Delhi

When an owner dies, the property passes to the people named in the will or, without one, to the heirs under the law of succession that applies to the family. Mutation puts their names on the public record so they can pay the tax, sell, mortgage or let the property without questions later. It does not decide who inherits. It records what the will or the law has already decided.

MCD sorts death cases three ways: a registered will, an unregistered will, or no will. Within the last two, it matters whether there is one heir, whether all the heirs apply together, or whether only one of several applies. Each combination has its own document list.

Registered will

Death certificate; copy of the registered will; affidavit on ₹10 stamp paper (notarised) confirming it is the last will and that no court case is pending; indemnity bond on ₹100 stamp paper (notarised); property tax receipts to date; the chain of ownership documents.

Unregistered will

The same, with the unregistered will, plus a Surviving Member Certificate. If there are several heirs and only one applies, add NOCs from the other heirs with their photo ID.

No will

Affidavit that no will was left; indemnity bond; death certificate; Surviving Member Certificate; tax receipts; ownership chain; ID proof of the applicants.

No will, one heir of several applying

Everything above, plus a Succession Certificate or Letter of Administration from the court.

Heirs who step aside

MCD also accepts a registered relinquishment deed, by which the other heirs give up their shares to one of them. That application goes under MCD's relinquishment category, with transfer duty payable if there was consideration.

MCD asks for this in every death case that has no registered will. It lists the family members who survive the deceased, and the Delhi government issues it through the SDM or Tehsildar's office. You can apply on the e-District portal (edistrict.delhigovt.nic.in) or at a Citizen Service Centre. The applicant must be an Indian citizen living in Delhi.

• The death certificate of the deceased
• Photo ID of the applicant and of every surviving family member
• Proof of the applicant's present and permanent address
• A signed self-declaration. Upload a scan, then send the original to the SDM or Tehsildar's office with the application number
• Passport-size photographs of the applicant and every surviving member, and of the deceased
• A list of surviving members in the prescribed format, if there are more than four

For leasehold property, the lessor's record changes first. DDA's guideline for residential plots in death cases asks for an affidavit, an indemnity bond, a relinquishment deed from the heirs who give up their shares, the original death certificate, attested proof of relationship, a photograph and specimen signatures of the person taking over, an NOC or redemption deed if the plot was mortgaged, and the society's NOC for a society plot. If all the surviving heirs apply together, DDA does not need the relinquishment deed. Where a will is unregistered, DDA asks for NOCs from all the Class I heirs.

DDA's own forms also say that if the deceased's mother is alive, she must be named among the legal heirs. Families leave her out more often than you would expect, and the application goes back when they do.

• One heir will not sign. Without a registered will, MCD needs every heir on the application, NOCs from the rest, or a succession certificate. A single heir who refuses can turn an online form into a court process.
• The chain is broken further back. MCD asks for the complete chain of ownership. If the deceased's own purchase or inheritance was never recorded, that gap has to be closed first.
• Tax arrears. The application needs receipts showing tax paid up to date, so years of unpaid tax in the deceased's name come due at this point.
• A will someone disputes. MCD's affidavit has the heirs confirm that no court case is pending. If the will is challenged, mutation waits.
• Wrong office. A DDA leasehold flat taken straight to MCD produces a certificate that is not valid. Start with the lessor.

None of this settles who owns what. If the heirs disagree about the will or their shares, that is a legal question for an advocate, and possibly a court, and it should be resolved before anyone applies for mutation.

This is a general explanation, not advice on your property. Procedure, rates and thresholds differ by state and municipality and change over time. Kabir Real Estates provides advisory and due-diligence assistance and does not issue title certificates or formal legal opinions. Where a matter needs one, we will tell you so.