Property After a Father's Death in India: Mutation, Heirs and What to Do

Published by Karan Bindal, Founder

The house or the land is usually a family's largest asset and the most common cause of arguments. Two questions get mixed up here: who owns the property now, and how to update the records. They are different questions.

First question: who inherits?

If there is a valid will, the property generally goes as the will says, subject to what the person had the right to give.

If there is no will, it depends on the person's religion.

Hindus, Buddhists, Jains and Sikhs (Hindu Succession Act, 1956). When a man dies without a will, his Class I heirs inherit together. These are his widow, sons, daughters and mother, and the children of a son or daughter who died earlier, along with some other descendants. Broadly:

The widow or widows together take one share
Each surviving son, daughter and the mother take one share each
The branch of each child who died earlier takes one share between them

Daughters have the same rights as sons. They are coparceners by birth, and the Supreme Court held in Vineeta Sharma (2020) that the father need not have been alive on 9 September 2005. A statement that a married daughter has no share is wrong.

When a woman dies without a will, the order is different: first her children and husband, then her husband's heirs, then her parents, with special rules for property she inherited from her parents or her in-laws.

Christians (Indian Succession Act, 1925). Broadly, the widow takes one-third and the children two-thirds.

Muslims. Muslim personal law applies, with its own shares. Please consult a lawyer or scholar. A Muslim generally cannot give away more than one-third by will without the other heirs' consent.

Parsis, and people in Goa, have their own rules. People who married under the Special Marriage Act, and residents of Uttarakhand since its Uniform Civil Code, should also take specific advice.

Second question: what is mutation?

Mutation, also called dakhil kharij, namantaran or ferfar in different states, updates the name in the revenue or municipal records.

Mutation does not create or end ownership. The Supreme Court has said that mutation entries are for land revenue purposes and do not decide title. That cuts both ways. Being in the record does not make you the sole owner, and a brother's name in the mutation does not mean your share is gone.

Still, do it. Without updated records it is hard to pay tax in your name, sell or take a loan.

What you will usually need

Procedures are set by each state and local body, so ask your Tehsil, Patwari or municipal office. Commonly:

The death certificate
Proof of the heirs, such as a legal heir certificate or family register
An affidavit from the heirs, where there is no will
The will, if there is one
The title deed and recent property tax receipts

Many states now have an online land records portal. For a housing society flat, the society has its own process for transferring the share certificate, and a nomination there has its own rules.

On wills and probate: the requirement for probate in certain cities was removed from the law in December 2025. See our guide on this. Offices may still ask for it, so check.

Sharing the property among heirs

After a death, the heirs usually hold the property together. To divide it, families commonly use a family settlement or partition deed, or one heir may release their share to another. These have legal and stamp duty consequences that differ by state, so have a lawyer draft them. Never sign a release under family pressure, or without knowing what you are giving up.

Mistakes that cause trouble later

Selling or transferring without all the heirs agreeing
Assuming the eldest son inherits everything
Leaving out daughters or a widow from the paperwork
Believing that a nominee on a property or society record is the owner
Leaving ancestral papers in a village trunk with nobody knowing the details

Do this while your parents can still tell you

Ask gently where the papers are, whose names they are in, and who else has a share. Our free family checklist includes property, and Aakhri Pal keeps these details and documents in one private place for your family.

See also: what to do after a death.

Last checked: 30 October 2026. This is general guidance, not legal advice. Property law differs by state and religion, so please consult a lawyer before you act.

Sources: Hindu Succession Act, 1956 · Indian Succession Act, 1925, India Code · Vineeta Sharma v. Rakesh Sharma, Supreme Court · Jitendra Singh v. State of M.P., Supreme Court, 2021