Mutation of property

Executive

What is mutation of property. why it is required. What is the time limit of getting the property mutated in one's name.  What will happen if the property remained unmutated for several year.

pl claify above points.

thanks and regards,

kumar

 
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Advocate

Mutation of property is the recording in the revenue records the transfer of title of a property from one person to another. The mutation in the

 
municipal records is for the purpose of payment of property taxes and it does not mean a legal title to the person to whom the property has been mutated.

The procedure, documentation required and the fees payable varies from State to State. However, generally, the procedure includes an application on a plain paper, along with non-judicial stamp of relevant value, containing some information. It is to be submitted to the tahsildar of the area.

Contents of application for mutation:

The name of the area in which the right has been acquired The description of the right acquired The name, parentage, and residential address of the person from whom the right has been acquired The manner in which the right has been acquired The name, parentage, and residential address of the person who has acquired the right The date on which the right was acquired A copy of the document on the basis of which the mutation is sought - sale feed, Will etc should be attached. A proclamation is issued inviting objections to the proposed mutation, specifying the last date (generally 15 days from the date of the proclamation) upto which any objection to the mutation will be entertained.

The Patwari submits his report in the prescribed format. The statement of parties is recorded. The contents of the documents are matched with the recorded statements. If no objection against the proposed mutation is received, it is sanctioned. In case any objection is received against the mutation, the matter is referred to the Revenue Assistant of the area. Any party aggrieved by an order of mutation may file an appeal before the Additional Collector (the Deputy Commissioner concerned) within 30 days of the order.

Documents required for mutation

In case of sale deed:

Copy of sale deed Application for mutation with court fee stamp affixed on it Indemnity bond on stamp paper of requisite value Affidavit on stamp paper of requisite value Clearance of up-to-date property tax

In case of death of the owner:

Death certificate Copy of Will or succession certificate Indemnity bond on stamp paper of requisite value Affidavit on stamp paper of requisite value, attested by Notary Clearance of up-to-date property tax

In case of power of attorney:

Copy of power of attorney Copy of Will Receipt of payment registered by sub-registrar Application for mutation with court fee stamp affixed on it Indemnity bond on stamp paper of requisite value Affidavit on stamp paper of requisite value Clearance of up-to-date property tax
 

In case of death , a copy of Will or succession certificate is also required to ensure that there is no malpractice in mutation cases.
 
However, where the assessing officer is satisfied that there is no malpractice in the claim of mutation, these documents may only be insisted upon:


Death certificate of the original assessee Affidavit together with no objection certificate from the other legal heirs of the deceased or their successors in interest Indemnity bond containing an undertaking of the executant that he indemnifies the Corporation in the event of dispute arising from the mutation made upon his application Rough site plans showing different portions of the building and the signature /thumb impression etc of the persons occupying these portions The prevailing rate of transfer duty on the consideration amount should be paid.

Also, for each apportionment, appropriate mutation fee is to be paid. If the entire building or plot has been sold, mutation may be allowed on payment of upto-date dues. In case of sale by agreement to sell, it is allowed on payment of transfer duty at prevailing rates.

If a part of the building or plot has been sold, mutation may be allowed in the name of the purchaser on payment of up-to-date taxes for the portion purchased. Subdivision will not be allowed if the sale is not through a registered document.

In case of inheritance of a property by more than one legal heir, mutation or subdivision in the names of all the legal heirs may be allowed subject to clearance of up-to-date taxes by each of them for their respective portions. Also, sub-division will be allowed only if physical divisions exist. The case of each legal heir has to be decided independently regardless of payment or non-payment by others for their respective portions.

Whenever the title of any person, primarily liable for the payment of property taxes on the land or building, is transferred, the persons whose title is transferred and the person to whom it is transferred should give a notice of such transfer to the Corporation. The notice has to be given by the transferor as well as the transferee. If any notice is pending, the liability for the increased rateable value after the date of transfer will be that of the transferee. As such, the transferee should ensure that either the pending proposals are decided or additional taxes are paid by the transferor.

Whenever a transferee presents documents for transfer, a letter is to be issued to the transferor inviting objections. The objections received, if any, should be within 15 days of the issue of such letter. If no objection is received within 15 days, the property may be mutated in the name of the transferee, subject to fulfilment of other conditions.

 

 
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Executive

Thanks Sir,

What is the time limit I mean is there any time limit upto which we have to get the property mutated in one's name. Or it can be mutated after even 5 years. Is it true. Please clarify.

regards,

Kumar

 
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licensed document writer

When one property owner can absolutely declare with relevent records with him at any time he can have to apply for effecting mutation for his own property. Condonation delay application, non-encumbrance certificate are also needed.

           I have a doubt to dear AV VISHAL, THE MUTATION RECORD IS NOT A LEGAL RECORD

   In my state Kerala,the mutation record is essential and supreme to avail a loan from bank, for BAIL it is unavoidable. getting compensation for land aquisition mutation record needed. a title deed may true or false, because, it created only in the view  and basis of stamp act imposed in each state. so, mutation(patta) (land revenue record)is greater than deed hence, mutation is a legal bounded prime document of a property owner........anayararkjayan@gmail.com

 
Reply   
 
licensed document writer

all transactions (documents) are public documents. Actually the ultimate ownership of a land is vested with goverment (land revenue department). at any time Govt. can aquire our land .perhaps there have some consideration. the real land record register is patta register( mutation register) where ownership of land added or removed..

anayararkjayan@gmail.com

 
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Executive

Thank you sir,

But my question is can the property be mutated after 5-6 years of actual purchase date.

regards,

kumar

 
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Executive

pl check PM in your inbox.

 
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licensed document writer

mr.Kumar, you can surely effect mutation in ur name.for that apply along with furnish related documents,non-liability certificate prior deed, condonation delay application, prior land/building receipts with fee to be renderd.

               Anuradha replied for this in another chapter to you.

 
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Executive

Sir,

Did you see my PM in your inbox. wherein i provided more details about the case.

rekards

kumar

 
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Can we make mutation of development agreement on 7/12's other rights?

I heard that, every registered documents should mutatted on 7/12? even there is supreme court's case law also. If anyone aware about this, please give me case no. & related inofrmation about it.

Actually  i am advocate & working for consulting company. where we give client solution from A to Z. Mainly our client are acquire property in rural areas of Maharashtra for eg. in Panvel, Bhiwandi etc. Where eariler when we were doing Development Agreement with villagers , revenue authorities were mutated our client's name in other rights on 7/12. But now they are saying that, we can't mutate entry of development agreement on 7/12.

Even in Development Agreement, at many places we write that villagers are giving us possession of property, all his rights, even when we will give him Jumbo Steel Shed in lieu of his land, which is iactually exchange of property. Means villagers are giving us land & in exchange we will give him proposed Jumbo Steel Shed. So it is acually tranaction of the property (one kind of sale). So revenue authorities should make entry on the 7/12 on this basis too.

Please help me!!!!

Adv. Seema

 
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