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RG R   19 July 2019

Mutation of property

Hello, this is a two-part question, any input will be appreciated. FYI the property is in Delhi (North) and mutation is to be done from my late father's name to mine (inheritance), as is clearly mentioned in the will. (Q.1) When I went to the notary for the documents/bond needed for the process of the mutation of residential property (Delhi), he informed me that the MCD officer who will be visiting the property after applying for mutation would definitely ask for a bribe, and the notary could help in this matter altogether by asking for a certain amount of money/bribe beforehand which will be for the whole process including application and inspection. So, is there any way I could just get through the inspection just with the documents available to me and hence not pay the bribe? Or should I just pay the bribe to avoid any intentional hassles by MCD officer? ***Please answer this realistically/the way its done in Delhi as this is not a rant, just a question to get things done, thank you.*** (Q.2) Also, my colleague (no legal background, this came up in a normal office conversation) informed me that getting mutation done will not give me the 'title of property', it'll just be for the property tax records. Is this correct? Suppose, in future after getting mutation done, I decide to rent/sell the property, would I not have the rights to do so legally? Would anything else be required? I would just like to mention that regarding 'question one', I would probably not be approaching the anti-corruption bureau if MCD officer does ask for a bribe (which is what everyone (including different/multiple notaries and a mcd employee in my society) has said is a definitely going to happen, else he/she would create issues hindering the process). Thank you.


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 2 Replies

RG R   19 July 2019

The first post seems to be having formatiing issues. So here is attempt for a proper formatted post:-

 

Hello, this is a two-part question, any input will be appreciated. FYI the property is in Delhi (North) and mutation is to be done from my late father's name to mine (inheritance), as is clearly mentioned in the will.

 


(Q.1) When I went to the notary for the documents/bond needed for the process of the mutation of residential property (Delhi), he informed me that the MCD officer who will be visiting the property after applying for mutation would definitely ask for a bribe, and the notary could help in this matter altogether by asking for a certain amount of money/bribe beforehand which will be for the whole process including application and inspection. So, is there any way I could just get through the inspection just with the documents available to me and hence not pay the bribe? Or should I just pay the bribe to avoid any intentional hassles by MCD officer?

***Please answer this first question realistically/the way its done in Delhi as this is not a rant, just a question to get things done, thank you.***

 


(Q.2) Also, my colleague (no legal background, this came up in a normal office conversation) informed me that getting mutation done will not give me the 'title of property', it'll just be for the property tax records. Is this correct? Suppose, in future after getting mutation done, I decide to rent/sell the property, would I not have the rights to do so legally? Would anything else be required?

 


I would just like to mention that regarding 'question one', I would probably not be approaching the anti-corruption bureau if MCD officer does ask for a bribe (which is what everyone (including different/multiple notaries and a mcd employee in my society) has said is a definitely going to happen, else he/she would create issues hindering the process).


Thank you.

 

G.L.N. Prasad (Retired employee.)     20 July 2019

1.The members in the forum respect law and no one advise you to pay a bribe to a private person to get an official duty of a public servant.  It is left to you , your conscience, convenience etc.,

2.Mutation is not a title, and it supports the possession.  The legally valid will is the title deed.  So nothing prevents in the transfer of property if you have a will in your name, and mutation confirms possession and no claims. 

Now there is a time frame under citizen charter of every corporation, wherein mutation has to be done maximum within 90 days, if not you can make a simple complaint to consumer forum and seek all remedies including compensation without paying more than Rs.200/- if you appear as a party in person.  NDMC has introduced CM Dash board, Real time governance etc., wherein at a goven point of time, one can look with whom the file is pending and the reasons for such.  RTI may also help in knowing the reasons for delay in mutation.   If the documents are proper, there can never be delay, even when documents are improper it can be done within a day by NDMC in other ways not known in law.


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