Mutation of Property-Procedure & Documentation

What is Mutation of Property?
Mutation of a property is the transfer or change of title entry in revenue records of the municipal corporation. The change in title ownership may occur due to reasons like death of the original owner or transfer of the ownership due to inheritance or succession.

When transferring property, certain documentations need to be completed and procedure to be followed. As part of this procedure, the transfer of property title is documented in the revenue records from the seller to the buyer.

Procedure of Property Mutation
The property mutation process varies from State to State. The process includes giving an application along with a non-judicial stamp. The application must have information regarding the property and should be submitted to the area tehsildar.

In layman’s terms, mutation can be defined as the change of ownership title from one party to the other when selling or transferring the property. With property’s title modification, the buyer or the new owner gets the property registered and recorded in his/her name. This procedure is carried out in the department of land revenue. After the procedure is completed, property tax can be charged by the Government from the rightful owner. The fee payable and the procedure of documentation vary from the state to state.

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The property mutation procedure is also referred to as “Dakhil Kharij.” Ideally, the property mutation procedure must be checked periodically, in every six months to rule out any wrongful property transaction. In a situation when the owner passes away and it is a case of inheritance, the mutation of the property can be carried out by submitting the relationship documents and Death Certificate copies.

Revenue records update is necessary for a situation when the property has been purchased through a Power of Attorney. This POA must be registered, and it helps in transferring the ownership of the property to the buyer from the seller.

Mutation in the case of land ownership is considered to be totally vital. If the government acquires an agricultural land and the land registry is in the name of a person, while at the same time, the mutation favors another person, the acquisition funds will be released by the government to the latter because in the revenue records, the latter is recorded and registered as the land owner. Mutation application needs to be given to the area tehsildar on a plain paper with a non-judicial stamp paper of a required value.

The Documents needed for mutation:
• Sale Deed Copy
• Mutation Application with affixed court fee stamp
• Indemnity bond on required value stamp paper
• Affidavit on required value stamp paper
• Up-to-date receipt of property tax payment

The Mutation Documents needed in case of Will or inheritance:
• Succession Certificate or the Copy of the Will
• Death Certificate
• Indemnity bond on required value stamp paper
• Notary attested Affidavit on stamp paper of required value
• In case of Power of Attorney or POA, up-to-date Receipt of property tax payment
• Copy of Will
• Power of Attorney Copy.
• Payment receipt for the payment deposited with a sub-registrar
• Mutation Application with affixed court fee stamp

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