After a family member dies, relatives may inherit an apartment in Kolkata but find that **ownership papers, society records and property-tax accounts** still show the deceased person's name. This mismatch does not automatically mean the family has lost its legal rights. It does mean that a future sale, gift or mortgage can be harder unless the **succession and documentation** are resolved carefully.
Start by identifying what the deceased owned
Collect the registered deed, earlier title documents, municipal property-tax records, flat allotment documents and, where relevant, housing society membership records. Check whether the property was held by the deceased alone or jointly with someone else. A joint bank account or shared household address is not sufficient proof of how an apartment is legally owned.
Check for existing home loans, mortgages, unpaid property taxes, society maintenance obligations and pending litigation. Obtain the death certificate and any will or succession-related documents already in the family records.
Legal inheritance is separate from municipal mutation
**Succession** determines who has legally inherited the owner's interest, according to the facts and applicable personal and property law. **Mutation** records the change in municipal or revenue records for administrative purposes. The West Bengal government explicitly explains that mutation **does not create ownership by itself**.
The Kolkata Municipal Corporation describes succession-related mutation documents, including the recorded owner's death certificate, affidavits concerning legal heirs in intestate cases and probated wills in testamentary cases under its published process. The precise requirement for a property should be checked with the competent office and an independent lawyer.
When there are several heirs
Do not assume that the family member living in the flat owns the entire property. Identify all relevant heirs and legal interests. If several people have inherited shares, a sale of the whole unit generally requires legally effective participation or authority from the necessary owners. A buyer should request clear proof of any relinquishment, partition, settlement or power of attorney used in the transaction.
If heirs disagree, resolve the legal conflict before accepting a non-refundable deposit from a purchaser. Family assurances that paperwork can be completed “after registration” are unsafe without proper legal verification.
What to check about a will
A will should be examined for execution, scope, beneficiaries and applicable probate or other judicial requirements. The presence of a document labelled “will” does not mean a transaction is automatically ready to register. Legal requirements can vary with the deceased's circumstances and the property; do not use blanket rules from an unrelated state.
