Buying property is a serious financial matter for people, and beyond registration, another step is required to own it. This aspect is the mutation of property, which entails the updating of records by the government whenever a property goes into different hands. Be it inheritance of a property, purchasing a flat, or receiving property as a gift, mutation can make your task easier.
Most of the buyers often get confused about mutation and property registration, but while the two are necessary, each has its own importance.
Mutating the property means changing the name of the new owner in the municipal, revenue, or land registers as a result of a property sale or other changes. Mutation is also known by another name, Dakhil Kharij, in India.
For instance, once you purchase an apartment, the sale deed will get registered in your name. After that, you have to do mutation so that there is an update in the records of the government relating to the payment of property tax.
The appropriate authority depends on the property's location and type. The municipal authorities hold urban property tax records, whereas land records are held either by the revenue authorities or any other relevant agency.
The process of property mutation helps ensure that there are changes in ownership records. The process is beneficial in many ways.
Mutation ensures that the record shows the name of the person who is responsible for paying property taxes.
The authority concerned with the records will use the information for tax assessment purposes. But the fact is that mutation cannot remove any pending taxes from the past.
Updated property records help in facilitating future dealings such as the sale of the property. Individuals and professionals can study the mutation along with sale deeds and other records of ownership.
But one thing is important: mutation alone cannot ensure a clear title.
The procedure of mutation can become necessary in cases where there is a transfer of property from legal heirs after the demise of the owner or through any other legal method such as gifts and so forth.
In the case of inheritance, the concerned authorities might require the death certificate, legal heir documents, will, if any, and other necessary documents.
The continued existence of the old owner’s name in official papers creates problems in matters like receipt of bills and tax notices and so forth.
There is a varied list of documents that is dependent on local authorities, types of properties, and reasons for the transfer of ownership. These documents could typically include the following:
However, the exact procedures will differ from one state to another or from one city to another.
Step 1: Ascertaining the relevant authority. You have to find out if the records of the property are being kept by the municipal corporation, revenue department, development authority, or some other authorized entity.
Step 2: Document collection. Be prepared with all the relevant documents such as the registered transfer deed, ID proof, tax receipt, and others.
Step 3: Filing the application. File your application through the online portal if available or through the respective office. Fill in the property details along with payment of the requisite fee.
Step 4: Verification process. The concerned authority may check your documents or ask for more information if necessary.
Step 5: Verify the records. After approval of the application, get the acknowledgment or the mutation record and ensure that the information is correct.
Before undergoing any procedure for mutation, make sure that the sale deed or transfer document bears all accurate information about the property and its ownership. Check the outstanding property taxes, review land or municipality records, and keep a record of receipts and application forms.
If the property is an inheritance, co-owned, disputed, or mortgaged property, further investigations may be required. In cases where there is confusion regarding the property's history or ownership, you may require the services of a property lawyer.
For prospective buyers looking at residential property in South Delhi and surrounding areas, such investigations will be helpful. Do not base your investigation only on the mutation form or on the say-so of the seller.
The mutation of the property is one of the crucial administrative actions which can help to update the municipal or revenue records following the transaction of the property. Mutation will ensure proper administration of the property tax and prevent discrepancies in the records. Furthermore, it is also helpful for the owners in maintaining the records for future transactions.
It should be noted that mutation and ownership of the property cannot be considered the same thing. The transfer deed, clear history of ownership, and legal verification are still necessary.
Ans. Mutation of property refers to the registration of a change in ownership or any other qualifying event in the respective government/municipal/revenue records. Mutation of property is usually related to property tax/land records.
Ans. Depending upon the nature of the property and local regulations, buyers may need to refer to the process prescribed by the respective municipal or revenue authorities and carry out the necessary mutation.
Ans. No. Mutation is more of an administrative process and does not in itself constitute proof of ownership. For proof of ownership, one must have to rely upon registered sale deed, title deeds of the property and legal history of the property.
Ans. You can check the mutation status of your property from the portal provided by the respective municipal or revenue department.
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