Property Mutation
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Mutation of a property, also referred as Dakhil Kharij in Hindi, is the transfer or change of ownership title from one person to another in the revenue records of the local municipal authority.
However, buyers must be mindful of the fact that mutation entries do not confer property title on a person. This has been reiterated by India’s top court on several occasions. While refusing to entertain a plea of the Bruhat Bengaluru Mahanagara Palike in January 2021, the Supreme Court confirmed that an owner cannot rely solely on mutation entries, to prove his ownership over an asset. They will have to do so independently, as well. The top court also observed that mutation entries of revenue records did not create or extinguish title over the land. Such entries, it said, did not have any presumptive value on the title of such land.
Importance of property mutation:
A change in ownership may be inevitable in cases involving inheritance, property will, sale purchase, death of the current owner, or through any government settlement. The local municipal body of any city or district, through its revenue department, is responsible for maintaining a comprehensive record of property ownership and transfers. It enables the authority to fix property tax payment liabilities and issues proper tax documents. Filing for mutation of a property is a crucial process during property buying. This is important so that all the receipts for property tax and utility bills are generated in the name of the new buyer instead of the previous owner.
Property mutation is not a one-time responsibility. It is crucial to regularly track the details regarding mutation and update the papers from time to time. This will safeguard your property records from any frauds.
The mutation of a property is as important as the registration of the property transaction. It serves as a solid proof of ownership. Facilitate smooth property transactions. If you need to apply for civic amenities, e.g., water, electricity connection you must have mutation certificate. It helps Govt. to fix the rightful owner for charging property tax and other levies. It also helps in rectifying Govt. records of any error or updating records of rightful ownership.
When it comes to non-agricultural land, updated land records/mutation is a must to avoid unauthorised transactions against your property
It helps in the further sale of a newly acquired property as prospective buyers might want to see a mutation certificate.
How to apply for property mutation?
Before applying for mutation of a property, it is important to have the necessary documentation in place. The documents may vary from state to state. Request for the change in official records is done through an application form with court fee stamp. The form must be duly filled, signed and submitted with the Commissioner of the Revenue Department. In addition, the following documents should be furnished:
• The latest receipt of property tax payment
• The attested copy of sale deed
• The no-objection certificate from the housing society
• An indemnity bond on stamp paper of requisite value
• An affidavit on stamp paper of requisite value, attested by the notary
In the case of inherited property, the following documents must be produced:
• A copy of will or succession certificate or death certificate of the owner • An indemnity bond on stamp paper of requisite value • An affidavit on stamp paper of requisite value, attested by the notary • The latest receipt of property tax payment
In property purchase through a registered power of attorney, the following documents must be produced:
• A copy of Power of Attorney papers
• A copy of the will
• Receipt of payment registered with a sub-registrar
• An indemnity bond on stamp paper of requisite value
• An affidavit on stamp paper of requisite value, attested by the notary
• Latest receipt of property tax payment The municipal authorities typically take 30 to 45 days to update their records on the change of ownership and furnish a mutation certificate to the owner.