Mutation of Property | Importance of Mutation

When a person buys a new property, he has to get ownership of that property. Many Legal procedures have to be followed by the buyer while taking the property. The mutation of land or mutation of property is one of the main steps to attain the complete ownership of that immovable property. Mutation of property also helps the buyer to sell that property at a later date.

In the article on the mutation of land, we will discuss the definition of mutation and the process of mutation. 

What is the mutation of property?

Mutation of property is a process to record any transfer or change in the title of ownership in the local records after the process of transferring the property to the new owner. 

Mutation helps the buyer to take complete ownership of the property. The buyer can apply for the mutation of property by submitting the related document to the revenue officer.

Mutation of property is also termed as Dakhil-Kharij in Hindi.

The mutation of property in the case of agricultural land is more important than the mutation of non-agricultural land. So it is suggested that a buyer should apply for the property mutation once the registration of the property has been completed.

Types of mutation of land

There are mainly two types of mutation of land that are following:

• Mutation of agricultural land
• Mutation of non-agricultural land

Mutation of agricultural land

For any land which is being used for agricultural purposes, the mutation of that property can be done by changing the name of the owner in the revenue records.

The mutation of land is important for the person who is buying the property. The mutation is mandatory for agricultural lands. A person should not pass the ownership to the new person if the mutation process is not completed. When a person buys a property, the owner’s name should be changed in the revenue records. The buyer can apply for the mutation of property into the revenue office with proper documentation so that the revenue officer can register the latest record. It is beneficial for the buyer of the property. 

For instance, if the government is taking that land to construct anything, the government will pay the compensation only to the individual whose name is registered under revenue records. 

Mutation of non-agricultural land

The property which is not used for agriculture is known as non-agricultural lands. For example flats, houses, residential plots etc., come under non-agricultural land. As per the rule, if the person has sold agricultural land to any other person, that information should be given to the municipal corporation so that they can put that information in records.

If the new owner of the property does not mutate, he will not receive electricity, water supply and he will not be liable to pay municipal taxes.

When a mutation of property takes place?

Whenever there is a transfer of the ownership of property, the mutation of property is needed. A person can get the title of ownership of the property by:

• Inheritance property

After the death of the owner, his legal heirs got the title of ownership.

• Sale deed

 If the owner has bought that property.

• Gift deed

In a case where a person has got the new property through a gift.

• Will of the property

If there is a will in the name of the person who is giving him the title of ownership.

• Exchange deed

In a case where there is an exchange of property between two parties.

• Transfer deed

Any other transfer deed that provides the title of ownership.

After taking the title of ownership with the above conditions, a person can apply for mutation of land. 

Importance of mutation of property

A person cannot rely only on the mutation record to prove his title of ownership, he needs more evidence to prove the ownership of the property in the litigation. However, there are many benefits of mutation of property such as:

Ownership proof

Mutation of property is a final proof in the case of agricultural land. If a person does not apply for mutation, the old owner of that property will be considered as the owner of the property as per government records.

Avoid Frauds

Mutation records avoid the person from fraud. There are many cases in which the previous owner sold the same property again to another person. If a person applies for the mutation record, it will save him from such types of fraud.

Government compensation

Whenever the government pays the compensation, they will check the revenue records and distribute the compensation according to those records. In a situation, where a person didn’t apply for mutation records, he cannot claim government compensation.

Property taxes

After registering the property under mutation record, the municipal corporation will fix the property tax liabilities. It can save the person from penalty.

For supply of water and electricity 

It is helpful for non-agricultural lands like flats and buildings. The person can apply for water and electricity after registering the property under mutation record. 

The process of mutation of land

The application of mutation of property is different from state to state. The buyer of the property can request for change of ownership by applying the application with a court fee stamp. 

For agricultural land

The person has to fill all the necessary details in the form with his signature and submit it to the Tahsildar office. 

For non-agricultural land

The new owner of the property has to fill the form by signing and submitting it to the local Municipal Corporation. 

The buyer of the property must appear in the office along with original documents. After the submission of the application, the officer may or may not do the physical verification of the property.

After the submission of an application for mutation, the officer will give time for objections. Generally, 15 days’ time period is given for any objections. If any person challenges the mutation, it will be entertained in the office. The objecting person must have to prove the base of his objection. After entertaining the objections or after the expiry of objection time, the officer will provide a mutation certificate. 

Online mutation of property

The Government of India is taking steps for the online mutation of property. In many states like Bihar, the mutation of the property process can be completed online.

Documents required for mutation

There are some important documents required for mutation of property such as:

• Copy of documents which is showing the ownership (sale deed etc.)
• Application for mutation
• Indemnity bond on stamp paper
• Affidavit
• Latest property tax payment receipt (in case of non-agricultural land)
• Copy of power of attorney (if any)
• Death certificate of previous owner(in case of inheritance)
• Copy of will or succession certificate

FAQ related to mutation of property

Case laws related to mutation of land

 Sawarni Vs Inder Kaur 1996

The Supreme Court of India held in this case that the mutation of the land in the revenue record does not create the title. It does not have any presumptive value on the title. 

In the Bruhat Bengaluru Mahanagar Palike case, it was held that the new owner of the property cannot rely on the mutation entry to prove the ownership of that property. He has to provide another documentary evidence to prove the ownership.

Conclusion

Mutation of property is a process to update the land records under revenue records. It shows the ownership of the person who has taken the property from another person. 

The process of mutation varies from state to state but there are general rules that should be followed by the person while taking ownership of property. 

In the case of agricultural land, it becomes more important to take the mutation certificate. A person can apply in the tahsildar office for the mutation certificate of agricultural land. After the proper verification of the property, the tahsildar will give the mutation certificate within 1 month. 

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