What is mutation of property and why is it important?


Among the many legal procedures that buyers have to follow, to attain complete ownership of the immovable asset, is mutation. In this article, we explain what mutation is, how it is carried out and why completing the process is important

Mutation of property is a key step in the property purchase process. This guide will explain the concept of property mutation and how a new buyer can complete this process.

 

What is mutation?

Property mutation is the process through which the title entry is changed in local records, once it has been transferred in the name of a new owner. Land and property mutation helps the local authority to fix property tax liability and charge it accordingly. In different states, the process has different nomenclature. In Uttar Pradesh and Bihar, for example, the process is known as Dakhil-Khariz (entry-omission).

See also: Know all about encumbrance certificate

 

Property mutation process in UP

In this example, we would explain the property mutation process in UP, if the property is located in the state’s capital, Lucknow.

Step 1: Visit the official site of the Lucknow Nagar Nigam.  On the home screen, you will find the option House Mutation. Click on it.

 

property mutation

 

Step 2:  On the new page that opens, you will find the options ‘New Property Mutation’ and ‘Mutation Status’. Click on ‘New Property Mutation’ option to apply. If you have already applied for a mutation, you can click on ‘Mutation Status’ option to check it.

 

property mutation

 

Step 3: A fresh page will open, where you will have to give your mobile number, house ID and security pin to generate an OTP. This OTP will be sent to your registered mobile number.

 

property mutation

 

Step 4: Following this, a detailed property mutation form will appear, where you will have to enter the following details:

Property owner

Property ID

Property Location

Property Pin

Type of property

Reason for mutation

You will also have to upload relevant documents as proof. The property mutation process will be completed, after you pay the property mutation fee.

 

When is property mutation done?

Any time a property changes hands, a mutation process must follow. Property mutation is done in the following circumstances:

  • When you buy a property.
  • When you inherit a property.
  • When you receive a property through a gift or a will.
  • When you purchase a property through a power of attorney.

See also: Know about power of attorney for property

 

Who has to get property mutation done?

Those who buy land or apartments or inherit the same through a will or gift deed, have to get property mutation done.

See also: Commonly used land and revenue record terms in India

 

What is mutation of property and why is it important?

 

See also: How to calculate income from house property

 

Difference between mutation and property registration

Even though they might seem like similar processes, property mutation and property registration are very different things.

While property registration is the process through which a property gets transferred in the name of the buyer after the payment of stamp duty and registration charges, property mutation is the process that takes place after this formality, typically after a year or so.

While a property is registered by way of executing the sale deed, after the buyer and the seller reach a consensus, property mutation takes places after the actual transaction. The property mutation process is basically a buyer’s responsibility, wherein the buyer gets his newly-owned asset updated in his name in the local revenue office.

 

Does property mutation happen before or after property registration?

Property mutation takes place several months after the property is registered.

 

How to apply for mutation of land/property?

Municipal bodies that govern your area maintain land records and that is where you have to get the mutation of your land or property done. While you could go online and start the mutation process, since several states have launched services on that front, you would ultimately have to appear in person at the municipal office, to complete the task.

In Bihar, land owners can get the land mutation done online. States such as West Bengal have launched plans to make the process completely online but the process has not yet been completed.

Also see: How to calculate land value?

 

What documents are required for mutation of property?

While documents required to complete the mutation process might vary from state to state, a buyer would have to submit the following:

*Correctly filled property mutation application form

*Copy of the sale/title deed

*Affidavit on stamp papers

*Indemnity bond

*Copy of  Aadhaar Card

*Property tax receipts

*Copy of will or succession certificate or death certificate of the owner (if applicable)

 

Property mutation fee

While some states charge a nominal fee for property and land mutation, others levy property mutation rate as a certain percentage of the property value. In states that charge a nominal fee for property mutation, the rate may vary between Rs 25 and Rs 100. In states where charges a higher, at least 1% of the property cost could be charged as property mutation charge.  Also note that property mutation charge is a one-time duty.

 

How is property mutation done?

The buyer must appear in the municipal office, along with all the documents. Following the submission, the department would conduct a physical verification of the property and then, issue the property mutation certificate. As a lot of states now allow you to complete property mutation online, you can simply visit the official portal concerned, to go ahead with the process. You could also check the previous mutation or ‘dakhil kharij’ records online, by visiting the official portal and providing the details of the property and the owner.

 

How much time does it take to complete property mutation?

Once you submit your application, along with the required documents, it might take the municipal body 15 to 30 days to update the record, after which it would issue a property mutation certificate to you. In case of land mutation, it will take at least a month for the records to show change in land ownership.

 

Is there a time limit for the buyer to complete property mutation?

While buyers of land must immediately complete the mutation process, buyers of flats and apartments can get it done according to their convenience. However, the job must be done as early as possible, to keep your property documents in order.

 

What if property mutation is not completed?

Since the penalty is not very high (states typically charge Rs 25 to Rs 100 as the penalty for delays) and one is free to get the property mutation done as and when they find it convenient to do so, buyers often continue to postpone the process. However, it is advised that the property mutation process be completed as soon as all the other tasks pertaining to the purchase are complete. You would need the proof of the mutation, when you plan to sell the property in future. Even otherwise, it is legally much safer if a property mutation is done immediately after the purchase, from the point of view of transfer of ownership.

 

Can you claim title of a property based on the fact that it has been mutated in your name?

Owners must recall here that mutation entries can only be used as proof of possession over a property and not ownership. The Supreme Court of India has passed several judgements stating that.

 

Supreme Court (SC) view of mutation as property ownership proof

Mutation does not confer right over property, SC reiterates

If there is any dispute with respect to the title, civil courts will have the right to decide, the apex court ruled.

The Supreme Court (SC) has once again said that property mutation in no way confers property rights. Giving its verdict in a case, the apex court reiterated that mutation of property in revenue records is only for property tax fixing purposes and the mutation process does not confer right or title in favour of a person.

The SC order came on a special leave petition filed by a person from Rewa, Madhya Pradesh.

“Mutation entry does not confer any right, title or interest in favour of the person and the mutation entry in the revenue record is only for the fiscal purpose. As per the settled proposition of law, if there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of the will, the party claiming the right will have to approach the appropriate civil court and get his rights crystalised. The mutation will then be done based on the decision of the court,” the SC ruled.

The top court cited its previous orders in this respect, as well.

“In the case of Balwant Singh versus Daulat Singh (D) By Lrs., reported in (1997) 7 SCC 137, this court had an occasion to consider the effect of mutation and it is observed and held that mutation of property in revenue records neither creates nor extinguishes title to the property nor has it any presumptive value on title. Such entries are relevant only for the purpose of collecting land revenue. Similar view has been expressed in the series of decisions thereafter,” the SC bench added.

Earlier, the top court has also ruled, in a declaratory suit, that the owner would have to establish his ownership over the property independently, while rejecting a special leave petition filed by the Bruhat Bengaluru Mahanagara Palike, in January 2021.

While passing its judgment in the Bhimabai Mahadeo Kambekar versus Arthur Import and Export Company in 2019, the apex court had established the same point, saying that mutation entries of revenue records did not create or extinguish title over the land, adding that such entries did not have any presumptive value on the title of such land.

 

Can you file an appeal in case your application for mutation has been rejected?

An aggrieved party can file an appeal before the additional collector or the deputy commissioner, within 30 days of the order of rejection.

 

FAQs

What is mutation of property?

Mutation of property refers to the change in title ownership when a property is sold or transferred, which is recorded in the land revenue department.

How to apply for mutation of property?

A property owner must apply for mutation of the property in his/her name at the municipal body which maintains the land record of the said property.

Why mutation of property is required?

Mutation of property in the owner’s name, acts as a proof of ownership of the property. This document is also useful, while applying for power and water services.

What happens if a mutation of property is not done?

Mutation of property is compulsory for buyers of land. In case of non-agricultural land and for buyers of flats and apartments, mutation is a legal formality and failure to do so, does not take away one’s right in the property.

 

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