Planning to Sell Your Property? Keep Mutation Papers Ready
As the number of real estate frauds rises, property transactions are seeing higher scrutiny than ever. While keeping all property related documents in place is crucial for all, this is even more important if you are looking to sell your property. Property mutation papers are one among these. At the time of the sale, you would need documents stating mutation details, apart from registration papers.
What is mutation?
Mutation (Dhakil Kharij in Hindi) is the process of transferring title ownership from one person to another in the records of a municipal authority. State revenue departments recognise the person on whose name the property exists in these records to charge property tax from the rightful owner. This has to be done when a property is sold, inherited or gifted to update the municipal records with the right owners' name. If a new heir of a property comes up, the person's name should also be added to the municipal records.
Remember that mutation is not the legal title of ownership; it is only the official process of replacing the names of old owners with that of the new. This should be applied by the new owner in whose favour the title and other rights have to be passed on.
In many cases, especially when a home is inherited, the lawful heirs neglect the transfer of property in their name. This has resulted in multiple legal tangles which can come up, if a property is put up for sale. Many home sellers have been stumped for the lack of these records, as buyers demand it.
Mutation process
The process of mutation starts with submitting and application to the tehsildar of an area. The application has to be submitted on a plain paper affixing a stamp of relevant value. There is a fee that has to be paid for this. The amount differs from state to state.
The application should contain the name of the new owner, along with details and description of the property that has been acquired. It should also possess details of name, address of the new owner.
The application should also possess details of the manner of transfer of property right like through inheritance or sale or through power of attorney. A copy of the necessary documents depending on the reason, should be submitted.
After the submission, the relevant authority will issue a proclamation inviting objections to the proposed mutation. The last date for making the objection is also mentioned in the proclamation which is generally 15 days.
If no objection is raised, the patwari submits a report after which parties need to make statements which will be recorded, and the mutation is sanctioned. However, if an objection is raised, the matter will be handled by the revenue assistant of the area who will then conduct an inquiry.
Papers required for mutation