Understanding of Mutation of Property in India 

November 4, 2022 . Home Buyer's Guide . 10 min read

The mutation of property is a complicated process and involves many necessary steps. After the registry of your property, it is necessary to execute a mutation or transfer of ownership in the government records. This process will ensure that you are appropriately registered and get the right property documents.  

In this article, we will discuss the mutation of property in greater detail. 

What does mutation of property entail? 

Mutation, or “Dakhil Kharij” in Hindi, is the legal procedure through which the legal title of an asset is transferred from one owner to another upon its sale or transfer. It is necessary whenever an asset is transferred, whether through selling or acquisition, the owner’s demise, succession, gift, or the use of a Power of Attorney.  

Once the mutation of property is accomplished, the asset is officially recorded in the owner’s name. Having this information allows the government to levy a property tax, the amount of which varies from one state to another. 

Significance of mutation of property  

Both the registration and the mutation of the property are essential. In addition to being useful to the authorities, this will also be beneficial to the new owner.  

The following are some of the many benefits that come from keeping mutation records: 

• The mutation records provide the government authorities with assistance in determining the appropriate person to charge with the real estate taxes and other levies. 
• It is possible to correct any mistakes that have been made in the land registry or to report any unauthorised transactions that have been made against your property by using the mutation records. 

• Prospective purchasers may want a mutation certificate as part of the buying process, and having one on hand is helpful. 
• A property mutation certificate is required before agricultural land may be sold. 

Property registration vs. mutation of property 

When purchasing real estate, the buyer is responsible for paying the necessary stamp duties and registration fees to the land revenue department where the transaction took place. After the payment of the stamp duty as well as the registration fees, the process of property registration is said to be accomplished.  

On the other hand, the mutation of property takes place at a subsequent stage and might take up to a year after the ownership has been officially registered. Unlike a sale deed, which requires both the buyer’s and the seller’s signatures, the buyer alone is responsible for the mutation of property. When compared to property registration, the process of property mutation is very slow. 

Mutation of property types 

1. Mutation of agricultural land  

When it comes to land used for agriculture, mutation is a key prerequisite. Without a mutation, the ownership of the land can never be transferred to the new owner. The records of revenue should be updated to include both the mutation and also the new owner’s name.  

This step is essential due to the fact that, in the event that the government acquires land, the compensation would be given to the property owner or owners who are listed in the revenue databases of the local councils. 

2. Mutation of non-agricultural land  

The mutation is optional but highly encouraged for all non-agricultural properties, including but not limited to apartments, single-family homes, and residential plots, at any time following the registration of the property.  

In the absence of a mutation, the sale deed’s right remains in effect. This means that the buyer will continue to be the legal proprietor of the property after the sale has closed.  

Although obtaining a mutation permit is not required in this situation, it is essential when selling a property again. The lack of it poses a possible risk to the completion of the transaction. 

How to Apply? 

Property changes are regulated by local governments. The procedure for submitting an application differs from one state to the next. Many state administrations have made efforts to move the mutation procedure online. If you want to change your name and don’t want to use the online mutation procedure, you’ll need to go to the appropriate municipal office. 

Documents required

• In case of the sale of property  

In the event that the property is going up for sale, the following papers are needed for the mutation of the property: 

1. Applicant’s Aadhar card  

2. Ration card 

3. Property tax receipt 

4. Postage stamps of the appropriate value 

5. Sale deed 

6. Both current and previous registration deed 

7. Formalised mutation application form 

• In case of inheritance or will  

The following legal papers are necessary for the mutation of a property in the event that the legal proprietor or the Titleholder passes away. 

1. Title holder’s death certificate 

2. Affidavit of applicability on stamp paper 

3. Legal document of the Succession 

4. Will Copies 

5. A duplicate of the power of attorney 

6. Registration Deeds 

7. Sale Deed 

8. Aadhar Card 

9. Other documents mandated by the department 

Charges for Mutation of Property  

Due to variations in how property mutations are handled from state to state, fees also vary widely. Some jurisdictions, however, have made it easier to pay for land mutations by creating online application facilities.  

The prices for property mutations vary between ₹ 25 and ₹ 200. Online fee payment options include UPI, NEFT, RTGS, IMPS, debit/credit card, etc. The process of obtaining the mutation document from the relevant authorities might take anywhere from 5 to 30 days. 

Conclusion  

In conclusion, the mutation of property is critical for keeping accurate records of ownership. To put it another way, it would facilitate the buyer’s future property sales. In addition, the availability of an online application for property mutation has made the formerly laborious and time-consuming procedure more streamlined and straightforward.  

With your newfound knowledge of property mutation, you’ll be well prepared to apply for this legal document while buying your ideal home. HomeCapital is here to help you with your down payment needs. No interest is charged on the down payment assistance loans we provide, and the application process is quick and easy to complete online.