Many things need to be done for purchasing a house, making it a tiring task. Many people overlook the necessary changes that need to be made in the government records regarding the purchased property. After completing a real estate transaction and registering the property under your name, you must get a property mutation recorded in government records as well.
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The transfer or change of title entry in the local Municipal Corporation’s revenue records indicating the shift in title ownership between the transferor and transferee is known as a “mutation of a property,” or Dakhil Kharij in Hindi. After changing the property records, the transferee or new owner takes ownership of the property and is responsible for all associated rights and obligations.
However, it should be noted that, as the Honourable Supreme Court has repeatedly stated, it does not grant title to an individual. The Hon’ble Court upheld that a property owner cannot establish ownership through mutation entries alone in the Bruhat Bengaluru Mahanagara Palike case, which was heard in January 2021. The same point was also made by the Hon’ble Court in Bhimabai Mahadeo Kambekar v. Arthur Import and Export Company in 2019, which stated that changes made to revenue records did not confer or revoke ownership of the land and that there was no presumption that such changes would confer title.
Mutation process:
- Fill out an application and submit it to the local municipal body. Include information about the owners, including their address, date of registration, type of property, and type of transfer, as well as property details.
- It will be necessary to submit the application form and the following documents:
- A duplicate of the sale agreement
- Affidavit on official documents
- Aadhaar card copy, indemnity bond, and property tax receipts
- A copy of the will, the succession plan, or the death certificate (if there is an inheritance)
- The application will be processed once all necessary documentation has been submitted. The local revenue inspector will check the documentation and may even conduct a property inspection. It takes a month to complete the process, after which a mutation certificate is issued. Depending on the state, the nominal fee levied by the local civic body could range from Rs 25 to Rs 100.
Mutation law in India
How revenue is collected is governed by the Revenue Codes of individual states. One of the responsibilities of the local municipal body of the relevant city or district is to preserve the record of rights and to make necessary modifications to the land records register.
Observing the provisions of the Maharashtra Land Revenue Code, 1966 would lead to a better understanding. According to section 154 of the Act, notice must be given to the village’s revenue officer (Talathi) of any documents attempting to establish, assign, or revoke any title for which a record of rights has been prepared and registered under the Indian Registration Act, 1908.
Afterward, following section 150, the Talathi is required to record in the register of mutations all reports submitted to him, as well as any notification of acquisition, transfer, or notification from a collector. Once the process is finished, the talathi performs the 7/12 extract and mutation entry in 6/12.
At what point does a property mutation occur?
As was already mentioned, a mutation occurs when property ownership is transferred through the title. The ownership transfer may occur for several reasons, including:
- Death of the original owner and bequest or inheritance of the property to an heir
- Acquiring of Real Estate
- Purchased property with a power of attorney
- Getting property as a gift as a component of a government settlement
What makes land mutation significant?
While the individual whose name appears on the records does not automatically receive the title of the property through a declaratory suit, the necessity of property mutation can be understood by reviewing the requirements of mutation records in various circumstances, including:
- Determining who is the landowner
- Updating data on government revenue
- Determining the amount of property taxes due (default incurs penalty)
- Requesting services like electricity, water, etc., and getting the bills
- Future sale of the property mentioned above
- Issuing appropriate tax documentation
A mutation is regarded as an essential document when it comes to land ownership. The government will release the acquisition funds in favor of Person B since he is listed as the land’s owner in the revenue records, for instance, even though the land is registered in Person A’s name but has been mutated to make it in Person B’s name.
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Adv Vipul Singh Raghuwanshi
Legal expert and contributor at Sharks of Law. Committed to providing clear and accessible legal guidance to everyone.
