Procedures involved in Mutation of Property

There are various documents that the seller of a residential property has to hand over to the buyer at the time of sale of property. In this regard, the prospective buyer often requests the seller to provide the latest mutation of the residential property. Hence, it is imperative that the seller is aware of this document and its relevance in the context of the sale of his property.

What does mutation of property mean?

Mutation of property involves the change of title ownership of the property from the seller to the buyer when it is sold or transferred. The title of the property is then recorded in the land revenue records in the new owner’s name, which then enables the government to collect property taxes from the rightful owner.

Procedure

Ideally, mutation of property should be taken every six months through the land revenue office to check whether there is any wrongful transaction that has been undertaken on the property in question. The documentation procedure and the fee that has to be paid to the revenue office for mutation of property varies from one state to another. In general, the procedure involves an application that has to be submitted to the tahsildar of that particular area on a plain paper. Along with the application, a non-judicial stamp of relevant value as required in the State in which the land is located should be included along with the required information.

Information required

·  Name of the area in which the right of property has been acquired.

·  Description of the right acquired.

·  The name of the person, his parent’s name as well as the residential address of the person who has acquired the right of property.

·  The name of the person, his parent’s name and the residential address of the person from whom the right of property was acquired.

·  Manner in which the right was acquired.

·  Date on which the right was acquired.

·  Copy of the document based on which the mutation is sought. In this context, a copy of the Sale deed or Property Will, whichever is relevant should be attached along.

Subsequently, a proclamation is issued inviting objections to the proposed mutation while specifying the last date for receipt of objections, which is generally upto 15 days from the date of proclamation. The statements of both parties involved in the mutation are recorded following which the Patwari submits his report in the prescribed format. The contents of the report are matched with the recorded statements to ensure that there is no discrepancy. In case there are no objections received to the proposed mutation, it is then sanctioned. In case any objections are received, then it is referred to the Revenue Assistant in that particular area. If there is any party who is aggrieved by the order of mutation, then he can file an appeal to the Additional Collector/Deputy Commissioner within 30 days of the order.

Documents required

A) In case of Sale

·  Copy of Sale deed

·  Application of mutation with court fee stamp affixed on the same

·  Indemnity bond on stamp paper of requisite value

·  Affidavit on stamp paper of requisite value

·  Receipts of up-to-date property tax payment

B) In case of Will

·  Death certificate

·  Copy of Will or Succession certificate

·  Indemnity bond on stamp paper of requisite value

·  Affidavit on stamp paper of requisite value attested by a Notary

·  Receipts of up-to-date property tax payment

C) In case of Power of Attorney

·  Copy of Power of Attorney

·  Copy of Will

·  Receipt of payment registered with a Sub-registrar

·  Application for mutation with court fee stamp affixed

·  Indemnity bond on stamp paper of requisite value

·  Affidavit on stamp paper of requisite value

·  Receipts of up-to-date property tax payment