Mutation of Property

Understand what property mutation is, its importance and the process.
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Mutation of Property
2 min read
01 August 2023

What is mutation of property?

Mutation, in the context of property and land ownership, refers to the process of updating the land revenue records with the local revenue authority to reflect a change in ownership or other property details. This change could be due to various reasons, such as the sale or purchase of a property, inheritance, partition, gift, or any other transfer of property rights. Mutation ensures that the government's land records accurately reflect the current status of land ownership and other property-related information.

Key points about mutation of property

  1. Updating ownership: The primary purpose of mutation is to update records to reflect the current owner's name when a property changes hands. For example, if you buy a property, you need to apply for mutation to have your name recorded as the new owner.
  2. Legal requirement: Mutation is a legal requirement in many countries to establish legal ownership of a property. It provides a formal record of the property transfer.
  3. Taxation: Mutation can also impact property tax liabilities, as tax authorities may assess property tax based on the updated ownership information.
  4. Notification: After a successful mutation, the local authority will issue a notification or an updated record to confirm the change.
  5. Verification process: The mutation process typically involves submitting an application with the necessary supporting documents to the local revenue authority. The authority verifies the documents and ensures that the transaction complies with legal requirements.
  6. Mutation fee: In some cases, a nominal fee is charged for processing the mutation application.

It is important to complete the mutation process promptly when there is a change in property ownership to avoid any legal or taxation issues. The specific rules and procedures for mutation may vary from one region to another, so it's advisable to check with the local municipal or revenue authority to understand the process and requirements in your area.

Property mutation is the process of updating property records in the land revenue department to showcase the change in ownership. It is an official acknowledgement of the new property owner's rights and responsibilities and is carried out after property transfer due to sale, inheritance, gift, or any other valid transaction.

Application for mutation of property for residential plot/flat online

To apply for property mutation for a residential plot or flat online, follow these steps:

  1. Visit the official portal: Go to your state's land or revenue department website where property mutation services are offered.
  2. Create an account: If you don’t have an account, sign up on the portal by providing personal details and a valid email ID.
  3. Log in and select mutation option: Once registered, log in and select the option for 'mutation of property'.
  4. Enter property details: Fill in the required details, such as property address, plot number, and previous owner’s name.
  5. Upload documents: Attach the necessary documents like the sale deed, NOC from the society, proof of identity, and payment receipts.
  6. Pay fees: Pay the prescribed fee for the mutation process through available online payment methods.
  7. Submit application: After completing all fields and uploading documents, submit the application for review.
  8. Track application: You can track the status of your application through the portal by entering your reference number.

Once approved, the updated property records will reflect the new owner’s name.

Importance of mutation of property

Property mutation, also known as property registration or transfer of title, is a crucial process in real estate transactions. Here are some key reasons highlighting the importance of property mutation:

  1. Legal ownership confirmation: Property mutation officially transfers the title of the property from the seller to the buyer. It is a legal acknowledgement of the change in ownership and provides a clear record of the current property owner.
  2. Property tax assessment: Local authorities often use mutation records to assess property taxes. The correct ownership details ensure that property taxes are levied on the rightful owner, preventing any disputes or discrepancies.
  3. Avoidance of legal issues: Proper property mutation helps in avoiding legal complications and disputes. It establishes a transparent record of ownership, reducing the chances of fraud, unauthorised sales, or conflicting claims.
  4. Access to utilities and services: Mutation is often required for the transfer of utility connections such as water, electricity, and gas. Without proper mutation, the new owner may face challenges in obtaining these essential services.
  5. Financial transactions: Mutation is a prerequisite for various financial transactions related to the property, such as applying for a home loan, selling the property in the future, or using it as collateral for a loan. Financial institutions typically require updated ownership records.
  6. Inheritance and succession planning: In cases of inheritance, mutation helps in transferring the property to the legal heirs. It is a crucial step in succession planning to ensure a smooth transition of property rights within a family.
  7. Prevention of double dealing: Property mutation acts as a safeguard against double-dealing or selling the same property to multiple buyers. Once a property is mutated in favour of a buyer, it becomes part of the official land records.
  8. Legal recognition of changes: If there are any changes in the property, such as alterations or additions, mutation helps in legally recognising and recording these modifications. This ensures that the property records are up-to-date and accurate.
  9. Resale and marketability: For resale purposes, a property with clear mutation records is more marketable. Prospective buyers often scrutinise the ownership history and legal status of a property before making a purchase.

Types of mutation of property

The two types of property mutation are: Mutation of agricultural lands and Mutation of non-agricultural lands. 

Non-agricultural lands include apartments, commercial plots, and residential plots. 

Property mutation is a process that updates land revenue records to reflect a change in property ownership or other details. This change can occur due to a number of reasons, including: sale or purchase of the property, inheritance, partition, and gift. 

The process of property mutation is important because it validates the ownership of a property. The new landowner's name is recorded in the land records society department, and the government can charge property tax from the legal owner.

Documents required for mutation of property

Here are the documents typically required for the mutation of property:

  1. Application form: A formal request for mutation of property.
  2. Identity proof: Valid government-issued identification (Aadhaar, voter ID, etc.).
  3. Property documents: Sale deed, gift deed, or partition deed.
  4. Proof of ownership: Original title deed or ownership certificate.
  5. Tax receipts: Latest property tax receipts showing payment.
  6. Affidavit: To declare the intent for mutation.
  7. Encumbrance certificate: The latest encumbrance certificate.

These documents help in updating the land records accurately.

Benefits of property mutation

  1. Transparent ownership: Mutation ensures transparency in property ownership records, reducing the chances of fraudulent claims or multiple ownership disputes.
  2. Access to government services: After mutation, the new owner becomes eligible for various government services, such as getting utility connections or securing loans against the property.
  3. Inheritance and succession: Mutation is especially vital in cases of inherited properties. It streamlines the process of transferring ownership rights to legal heirs.

Disclaimer

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Frequently asked questions

How to apply for property mutation?

To apply for property mutation, obtain the mutation application form from the local municipal office or land revenue department. Fill it with accurate details, attach the necessary documents, and submit it to the concerned authority.

How much time does it take for the mutation to complete?

The time taken for property mutation to complete varies from one location to another. It can take anywhere from a few weeks to a few months, depending on the efficiency of the local authorities.

What is the fee for property mutation?

The fee for property mutation varies based on the property's value and the local government's rules. The exact fee can be obtained from the revenue department or municipal office.

Can an application for mutation of property be rejected?

Yes, an application for mutation of property can be rejected if the submitted documents are incomplete or incorrect. It is essential to ensure that all required documents are accurate and up to date before submitting the application.

By following the process and providing the necessary documents, individuals can successfully apply for property mutation and secure their rightful ownership of the property. Ensure to verify the requirements and fees specific to your location to facilitate a smooth and efficient mutation process.

What is mutation in case of property?

Mutation of property refers to the process of officially updating the land or property records to reflect the current owner’s name after a transaction like a sale, inheritance, or gift. This ensures that the new owner is legally recognised in property documents.

What is the difference between registry and mutation of property?

The registry of property involves legal documentation of ownership transfer, while mutation is the process of updating land records with the new owner's name. Registry formalises the transfer, whereas mutation ensures the records reflect ownership changes for tax and legal purposes.

How to check application status for mutation of property?

To check the status of a property mutation application, visit the respective state's land or revenue department portal. Enter your application number or details such as the property address to track the status. Alternatively, you can contact the local municipal office for updates.

Can property be sold without mutation?

Property can be sold without mutation, but it’s not recommended. Mutation ensures the seller’s name is updated in property records, helping to avoid legal disputes. While the sale deed is enough for transferring ownership, mutation proves that the buyer’s name is officially registered in land records.

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