How it works
Free
Consultation
Consult with a senior property lawyer dedicated to you at every stage.
Document
Verification
The senior property lawyer will verify all the documents and help you to submit forms.
Certificate
Delivery
After completion of mutation process we will deliver the certificate at your doorstep.
Property Mutation
A Mutation of property is a process by which the name of the property owner is recorded in revenue records. Such entries are made only for the purpose of collection of revenue. Hence, the process of recording or registering the name of the property owners in the revenue records is called property mutation. A person can become the absolute owner of the property in various ways such as by inheritance, purchase, and gift but if he does not register his name in the revenue records he will face many problems in using the property in the future and he will not be considered as a taxpayer and may be punished. So it can be said that a property owner is bound to register his name in the revenue records.
In Sawarni (Smt.) Vs. Inder Kaur (1996) 6 SCC 223, the Supreme Court held that the mutation of a property in the revenue record does not create or extinguish title nor does it have any presumptive value on the title. It only enables the person in whose favour mutation is ordered to pay the land revenue in question.
A Division bench of Justices M R Shah and Aniruddha Bose said, Mutation entry does not confer any right, title or interest in favour of the person and the mutation entry in the revenue record is only for the fiscal purpose. If there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of the will, the party who is claiming title/right on the basis of will has to approach the appropriate civil court and get his rights crystallized and only thereafter on the basis of the decision before the civil court necessary mutation entry can be made.
PROPERTY MUTATION OFFICE
Generally, the office of the property mutation depends on the location and type of the property. According to the location of the property, the property mutation offices are as follows:
a) Municipality / Municipal Corporation Office
b) B.L.R.O. Office
TYPE PROPERTY MUTATION
The types of property mutation depend on the use of the property. These are as follows:
Flat Mutation: if the area in which a flat is situated is within a Municipality area, then the flat Mutation should be done in that office.
House & Land Mutation: if the property is situated within a Municipality or Gram Panchayat area, the mutation of the property will be done at the B.L.R.O. Office and at the office of the Municipality/Gram Panchayat. But if the property is situated within the area of the Municipal Corporation then the mutation will be done in the Municipal Corporation office only.
IMPORTANCE OF MUTATION CERTIFICATE
1) Used as proof of ownership of a property in the court.
2) This record will be helpful as a legal document if there is a dispute over ownership of the property.
3) This document is used as proof of ownership of the property during the sale of the property.
4) The mutation certificate is needed to determine the liability for paying property taxes.
5) The mutation certificate is considered one of the most important documents for a home loan.
DIFFERENCE BETWEEN REGISTRATION AND MUTATION
The difference between property registration and property mutation is as follows:
1) Property registration is the process of transferring ownership from one owner to another. But mutation is a process of registering the owner’s name in Government records.
2) The property is transferred from seller to buyer through property registration. But by registering the name in government records, the owner gets citizen privileges.
3) Registration takes place with the consent of both parties. But a property owner is bound to register his name in the Government records otherwise he will be deprived of civic privileges.
4) Property registration is done by the execution of the deed. But a registered deed must be present at the time of property mutation.
5) Possession of property can be held without registering the property. But if the property is not mutated, the owner may be penalized.
TRANSFER PROPERTY WITHOUT MUTATION
There will be no problem in transferring the property without mutation because there is no specific law in this regard. Generally, all properties are recorded in the name of an individual or organization. Therefore, while registering the property deed, the property has to be transferred by mentioning the premises number or holding number and khatian number of the previous owner. The mutation will be done in the name of the present owner if the transfer of title of the previous owner can be proved with all documents.
