Property mutation at municipality per registered will. Other heir death cert/ details unavailable. Next steps ?

Dear Sir,

Gather documents:

Registered will, father’s death certificate, your ID proof, address proof

Affidavit(s) of consent/no objection from cooperative heirs

Attempt municipal mutation application with documents.

If mutation is refused because of uncooperative heirs:

File a Civil Suit (Declaration / Partition / Mutation) in Civil Court at Muzaffarnagar.

Once court passes order, submit to municipality for mutation.

Dear Client,
In the case of testamentary succession, the first step in transferring a property to a beneficiary as per a Will is to either get the will probated or get letters of administration (LOA) from the Court having jurisdiction over the property left by the deceased owner. Probate of a will is necessary to transfer the deceased's property into the name of the beneficiaries and conclusive proof that the will was executed validly and is the deceased’s last Will. The executor of the will is required to file a petition and the original will to the competent Civil Court having territorial and pecuniary jurisdiction over the suit property for a grant of probate. Probate or LOA can be granted only to the executor of the Will. In the petition, the executor has to mention the names and addresses of the deceased’s legal heirs so that notice can be issued to them. The executor will have to pay the applicable court fees depending on the value of the property/assets. The court asks the petitioner to establish the testator’s proof of death, proof that the testator’s will has been validly executed, and confirm that this is the deceased's last will. Next, the court calls for objections by issuing notice to the next of kin of the deceased to raise objections, if any, and also orders the publication of a citation of the probate petition on board to notify the general public. If there are no objections, then the Court grants the Probate/LOA to the executor who distributes the property to the beneficiaries as per the wishes expressed by the deceased owner in his Will. Once the property is distributed amongst the beneficiaries, they become the owner of their share in the property; it becomes a self-acquired property of the beneficiary, which gives him or her an unfettered right to deal or dispose of his or her share to anybody, and that does not require the consent of other beneficiaries. So, until and unless a Will is probated, the beneficiary cannot get their share as stated by the deceased testator in the Will. As per Sub-Section 3 of Section 13 of the Birth and Death Registration Act, 1969, any birth or death which has not been registered within one year of its occurrence, shall be registered only on an order made by a First Class Judicial Magistrate or a Presidency Magistrate after verifying the correctness of the birth or death and on payment of the prescribed fee. You need to visit the local municipal office or Gram Panchayat where the death took place and apply for a Non-Availability Certificate(NAC), which is a formal statement issued by the Registrar appointed under the Birth and Death Registration Act, 1969 that the death record from 1960 does not exist in their register. A notarized affidavit stating the facts of the death. Apply to the First Class Judicial Magistrate concerned along with the prescribed documents, NAC, Affidavit and other relevant documents explaining the reason behind the delay in the application and praying for an order for the delayed registration of death and issue of a death certificate in favour of the deceased. On receipt of order of the Magistrate, you need to apply to the Registrar appointed under the Birth and Death Registration Act, 1969 along with the said order and other relevant documents for issue of death certificate in respect of your deceased father. If required, seek legal advice from experienced legal professionals to understand your rights and remedies to navigate the issues effectively.