Introduction
While buying a property, you should do all the fact checks about it. You should know who its owner is or whether there are any encumbrances on it. This helps you in minimizing the chances of property fraud while buying.
But fraud can even happen after the owner sells his property. This is because, in land records, the property is in someone else’s name. Or because you don’t record your name on that property after the sale.
Yes, eventually, someone can claim that his name is there in the records. You can save yourself from such fraud through mutation. Let’s find out about the process of mutation in detail.
Mutation
Meaning
The mutation is the transfer of title and ownership of the land from one person to another. The change in the name of the owner in the revenue department records is a mutation. Once the buyer signs the sale deed, he must update the government revenue records.
Parties should make mutation while the transfer of property (sale/will/gift), property owner’s death, and purchases made through Power of Attorney. After mutation, government records show the name of the owner registered on the property.
Another name for the mutation is Dakhil-Kharij.
Importance
Legal proof of ownership
Mutation helps in registering the buyer’s name in government records. It makes it certain as to who the owner is. The mutation is solid proof of ownership in property disputes.
Prevents fraud
If a person knows whose name is there in records, it reduces the chances of fraud. You can verify if the seller is the real owner. Mutation records help in rectifying errors in the land records or reporting unauthorized property transactions.
Government benefits
Mutation will help you claim benefits of any government scheme for property. Given that the property is in your name, you can avail such benefits. Mutation determines tax liabilities on the owner’s property. When the government introduces certain concessions, the owner (registered in records) can claim them.
Procedure of mutation
Types of land
Agricultural land
This type of land is majorly found in rural areas. The land where people perform agricultural activities is agricultural land. The transfer of ownership is not legal, unless the buyer mutates the land in his name.
If the government acquires the land, it compensates only those whose names are there in the records.
Non-agricultural land
This type of land is present in urban areas. People use this land for purposes other than agriculture, like residential, commercial, industrial, etc.
Authority
For agricultural land mutation, Gram Panchayat or Patwari or Tahsildar is the competent authority.
For non-agricultural land mutation, the Municipal Corporation, the Municipality or other urban local body is the competent authority.
How to apply?
Offline
Application to the competent authority
The buyer has to apply to the competent authority through an application. It includes:
Details of the owner
- Name and photograph
- Age
- Address/residence- Ration card
- ID proof- Aadhar card or voter ID
Property details
- address
- registration date
- type of property
- type of transfer
Documents required
In case of transfer by sale
- Correctly filled property mutation application form
- Copy of the sale/title deed
- Registration deed
- Affidavit on stamp papers
- Indemnity bond
- Property tax payment receipts
In case of transfer by will/gift/POA
In addition to the above documents
- Death Certificate of the Title Holder (for will)
- Copy of Will/Gift/Power of Attorney (as applicable)
Processing of application
The competent authority, after the receipt of the documents, will process them. The local revenue inspector will verify the documents and may inspect the property. It will require a maximum of 15-30 days for the authority to issue you a mutation certificate.
What if the authority rejects the mutation application?
The applicant can appeal to the additional collector or the deputy commissioner, within 30 days of rejection.
Online
Many states have shifted the mutation process online for ease for people. You can visit the official website of your state’s revenue department. Fill in the application form, upload the documents and pay the required amount. The authority will process the application.
You can track the status of your application too. Within 15-30 days, the authority will update you regarding the mutated record.
Conclusion
While buying property from a person, you should verify his and the property’s status. You should ask the seller whether his name is there in the revenue records. After carrying out the sale deed, it is your duty to record your name on the property. This will save you from any fraud or counter-claim over the property.
If still doubts persist, consult legal experts at https://www.aapkaconsultant.com/legal-opinion-legal-shots
