In Pakistan, when a person dies leaving behind immovable property such as a house, land, or shop, the legal heirs must apply for “mutation” of the property to transfer the ownership in official land records. This is an essential legal and administrative step to ensure rightful inheritance and avoid future disputes.
This article explains the complete procedure, legal documents required, and relevant laws regarding mutation of property after death in Pakistan.
What is Mutation of Property?
Mutation, known as “Intiqal” (انتقال) in Urdu, is the process of updating land or property ownership records in the revenue department, based on inheritance, sale, gift, or court decree.
In the case of a deceased property owner, mutation is done in favor of the legal heirs, based on inheritance laws of Pakistan.
Legal Framework for Inheritance and Mutation in Pakistan
- West Pakistan Land Revenue Act, 1967 – Governs the mutation and land record process.
- Muslim Family Laws Ordinance, 1961 – Regulates inheritance among Muslims.
- Succession Act, 1925 – Applies to non-Muslims or where applicable.
- Shariah Law – Determines distribution of shares among legal heirs (for Muslims).
- Punjab Land Records Authority (PLRA) – Handles land records in Punjab.
Step-by-Step Procedure to Get Mutation After Death
- Determining Legal Heirs:
- The first step is to identify all legal heirs of the deceased according to the relevant law of inheritance. For Muslims, this is typically Islamic Law, while other religious communities have their own laws. According to Sunni Muslim Law of Inheritance, the Judgment Mst. ZOHRA BAI MERCHANT through L.Rs. and others Versus Mst. FATIMA KHANUM and 3 others reinforces the importance of adhering to the Islamic Law of Inheritance and ensuring transparency when transferring property rights.
- A legal heir is someone who is legally entitled to inherit the property of a deceased person. Gul Muhammad and 2 others Versus Ali Muhammad and 48 others, the court observed that legal heirs are entitled to the estate of the deceased, and any independently purchased property should not be included in the estate.
- Application for Mutation:
- An application is submitted to the relevant revenue office (such as the Tehsil office) with a request to transfer the property in the names of the legal heirs.
- The application should include details such as the deceased’s name, date of death, property details, and the names of all legal heirs.
- Required Documents:
- Death Certificate: This is a primary document that confirms the death of the property owner.
- Proof of Legal Heirs: Documents establishing the relationship of the applicants to the deceased, such as a succession certificate.
- Property Documents: Copies of the property’s title documents or any other relevant records.
- CNIC Copies: Copies of the Computerized National Identity Cards (CNICs) of all legal heirs.
- Notice and Verification:
- After receiving the application, the revenue authorities issue a notice to all interested parties, including the legal heirs and any other relevant individuals, to submit any objections.
- The authorities conduct a verification process to ensure the authenticity of the documents and claims.
- Mutation Order:
- If no objections are raised or if the objections are resolved, the revenue officer passes a mutation order, formally transferring the property to the names of the legal heirs. Judgment Mst. NURULSUBAH: In the matter of directs the Defence Housing Authority (DHA) to streamline the property transfer process for legal heirs. The court advised DHA to manage property transfers by verifying legal heirs through reputable witnesses and retaining the property for a reasonable period before further transfer.
- Entry in Record of Rights:
- The final step is to update the record of rights with the new ownership details, reflecting the names of the legal heirs as the new property owners.
- Dealing with Fraudulent Mutations:
- Mst. SARDAR KHANAM and others Versus MUHAMMAD ASLAM and others clarifies that prospective heirs cannot challenge property alienation during the lifetime of the owner/transferor. It emphasizes the requirement of a present legal right or title to maintain a suit for declaration.
- The Judgment Fazal Din and 3 others vs Umar Din and 2 others reinforces the principle that fraudulent transactions are void and that the limitation period for challenging such transactions begins from the date of discovery of the fraud. It also clarifies that a suit for possession is maintainable if filed within the prescribed period from the date of discovery of fraud, even if a declaration is sought as an additional relief.
Documents Required for Mutation of Inheritance
| Document | Purpose |
|---|---|
| Death Certificate | Proof of owner’s death |
| CNICs of Legal Heirs | Identity proof |
| Succession/Heirship Certificate | Legal proof of heirs |
| Family Tree (Nisab-ul-Wirasat) | List of heirs |
| Property Record (Fard) | Existing land record |
| Mutation Application | Formal request |
| Affidavits | Oath of heirs |
Mutation Is Not Title of Ownership
Important Note:
Mutation is only a record of possession, not proof of ownership title. The actual ownership title can only be established through registered sale deed, gift, or court decree.
Province-Wise Differences
| Province | Mutation Body | Online Service |
|---|---|---|
| Punjab | Punjab Land Records Authority (PLRA) | Yes – PLRA Website |
| Sindh | Board of Revenue Sindh | Limited |
| KP | Board of Revenue KP | No |
| Balochistan | Board of Revenue Balochistan | No |
| ICT | Islamabad Capital Territory Revenue Department | No |
Important Considerations:
- Shariat Law: In Muhammad Ashraf and another versus Faisal Masood and 2 others it was held that it reinforces the importance of adhering to Islamic Law principles when distributing inheritance, especially in cases involving ‘Diyat’.
- Timeliness: It is important to initiate the mutation process as soon as possible after the death of the property owner to avoid legal complications.
- Role of Revenue Officers: The Judgment LAL DIN v. Mst. MAQBUL JAN clarifies the role of Revenue Officers in mutation of inheritance cases, underscoring that their primary responsibility is to identify legal heirs under Shariat Law. It restricts the consideration of deeds of gift or other transfers for which separate mutations have not been entered, ensuring a simpler and more direct process for inheritance mutations.
- Challenges by Prospective Heirs: In the Judgment Mst. SARDAR KHANAM and others Versus MUHAMMAD ASLAM and others illustrates that prospective heirs cannot challenge property alienation during the lifetime of the owner/transferor.
Conclusion
After the death of a property owner, mutation of property is a critical process for legal heirs to establish their ownership rights. This involves determining legal heirs, applying to the relevant revenue office with required documents such as death certificate, proof of legal heir, and property documents. The revenue authorities issue a notice, verify the documents, and pass a mutation order if there are no objections, updating the record of rights with the new ownership details. Strict compliance with these procedures is essential to ensure a smooth and legally sound transfer of property, safeguarding the inheritance rights of the legal heirs and preventing potential manipulation.