Real estate investments generally involve intricate yet critical paperwork. One essential step that must be completed after property registration is the process of property mutation in the public records.
This article will outline what is a mutation of land while also highlighting the mutation certificate meaning, format, application procedure, and required documents.
What is the Mutation of Property?
To understand the land mutation meaning, one must understand what it refers to. Mutation essentially means the alteration or transfer of the title entry in the revenue records maintained by the local revenue authorities.
This change in ownership can occur due to various reasons, such as the death of the original owner, followed by inheritance or succession, or receiving the property as a gift or through a will.
In simple terms, the mutation meaning in property is updating the ownership record in the local revenue records.
What is the Format of a Property Mutation Certificate?
Upon completion of the mutation of land, a mutation certificate is issued, which confirms the change in property ownership. The format of a mutation certificate includes the following details:
- Owner’s name
- Date of mutation
- Property particulars
- Mutation order number
- Seal and signature of the revenue department
How to Apply for a Mutation Certificate?
The process of applying for mutation of any land varies from state to state. It normally involves submitting an application form with a court fee stamp to the tehsildar or the relevant officer of the local municipal body responsible for maintaining land records.
Some states offer online applications for property mutation through the respective State Government portals. Similarly, many Municipal Corporations have digitised their land records and streamlined the mutation process, allowing applicants to apply online.
Here is the offline mutation application process followed in West Bengal as an example:
- Visit the sub-registrar’s office and complete the registration process required for mutation.
- Get the land mutation application form and fill in the necessary fields according to the provided format.
- Attach all the required documents to the filled-in application form.
- Submit the application form and documents to the concerned officer.
- After submission, you will receive a transaction ID on your registered mobile number for future reference.
- The request for a mutation certificate will be forwarded to the appropriate authority.
- Physical verification and property measurement will be conducted based on the Registered Deed to address any property-related disputes.
- Upon verification, the concerned authority will issue the mutation certificate.
Documents Required for a Mutation Certificate
The following documents are required to facilitate the change of ownership during a property sale.
- Applicant’s Aadhar card
- Ration card
- Property tax payment receipt
- The value mentioned on a stamped sheet of paper.
- Sale Deed
- Registered Deed of Sale (both previous and current)
- Duly filled out the application form for mutation of the property.
In the case of the legitimate owner’s demise or transfer of title, the following documents are needed for property transfer:
- Copy of the Succession Certificate
- Relevant Affidavit on Stamp Paper
- Death Certificate of the Title Holder
- Copies of the Will (if applicable)
- Probate of the Will (if applicable)
- Power of Attorney (if applicable)
- Registration Deed
- Sales Deed
- Any other document the department requires, such as a Deed or Aadhar card.
What is the Importance of Property Mutation?
Mutation records hold significant importance for property registration. This is because they benefit the government authorities and the new property owner.
Here are some key advantages of maintaining mutation records:
Property Tax and Levies
Mutation records assist government authorities in accurately charging property tax and other applicable levies from the rightful property owner.
Error Rectification and Unauthorised Transactions
Mutation plays a critical role in rectifying any errors present in land records and reporting any unauthorised transactions that may have occurred against the property.
Sale of Property
When selling a newly acquired property, prospective buyers often require a mutation certificate as evidence of ownership and to ensure a smooth transaction.
Agricultural Properties
In the case of agricultural land, a land mutation certificate is essential for any sale or transfer of ownership to take place.
Proof of Ownership
Mutation records serve as concrete proof of property ownership, providing legal validity and assurance to the property owner.
What Happens If Mutation of Property is Not Done?
The penalty for delays is generally not very high (typically ranging from ₹25 to ₹100), and individuals are free to complete the property mutation at their convenience. But one needs to carefully assess the mutation fees as they vary state-wise.
Proof of mutation will be necessary when selling the property in the future. However, completing the property mutation immediately after purchase is legally safer for the transfer of ownership.
Disclaimer- This article is based on the information publicly available for general use as well as reference links mentioned herein. We do not claim any responsibility regarding the genuineness of the same. The information provided herein does not, and is not intended to, constitute legal advice; instead, it is for general informational purposes only. We expressly disclaim /disown any liability, which may arise due to any decision taken by any person/s basis the article hereof. Readers should obtain separate advice with respect to any particular information provided herein.
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