Mutation of property

shyam lal (Querist) 14 March 2021 This query is : Resolved
By the virtue of deceased fathers WILL I am the sole beneficiary.hence can I transfer/sell the property in question directly with out getting mutation, in my name in the revenue records of the Nagar nigam.Or it is law to first get the property mutation done in my name.

Follow Query

Report Abuse

Quick Summary

If you've inherited property through a will and are the sole beneficiary, you're asking if you can sell it directly without first transferring the mutation into your name in the revenue records. While it's technically possible to sell without mutation, it's strongly advised to complete the mutation process first. This ensures clear ownership, simplifies the sale, potentially fetches a better price, and avoids future complications with tax liabilities and legal ownership, as highlighted by legal experts and real-world examples.

J K Agrawal (Expert) 14 March 2021
You can sell property without mutation but buyers are generally prefer to buy property after mutation.
it is highly advisable to get first muted the property in your name.
after mutation if you try to sale property you will fetch much consideration and will get buyers easily.

Advocate Bhartesh goyal (Expert) 14 March 2021
Well advise by expert J.K.Agarwal.i completely agree with him.

kavksatyanarayana (Expert) 15 March 2021
Agreed with the learned experts' advice.

K Rajasekharan (Expert) 17 March 2021
If you holistically consider the different laws governing transfer of any property, even as per a Will, you have to get the property mutated before transferring it to other person.
This is because mutation, which transfers the liability of the property holder to pay the tax, is an integral part of property transfer.

In some states there is an attempt to make both transfer of property by a deed and the transfer of duty to pay consequent tax as two-in one process so to avoid many unforeseen problems that may ensue later.

Arun Showrie’s recent famous book “Anita Gets Bail” in one chapter speaks of his wife’s troublesome experience of facing a criminal charge for around six years despite she was suffering from Parkinson’s disease for a wrong criminal charge of constructing a building in violation of some environmental regulations in a land she didn’t own then, just because some revenue records left her name as owner.

Making a deed of transfer for a property one owns and handing over its possession to a new person with an additional burden of making the property records of the past period right and a duty to pay arrears of tax is not a practice that is sustainable in law.

Message likes : 1 times

ashok kumar singh (Expert) 06 April 2021
agreed with views of earlier experts therefore no comments
thanks

shyam lal (Querist) 07 April 2021
What is the time frame in which mutation of property has to be done in the revenue records of the concerned Nagar Nigam.?

Sankaranarayanan (Expert) 08 April 2021
earliest is best

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Ask Query
Unanswered Queries