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deepak sharma   20 July 2019

Freehold (registry) but no mutation

I am planning to buy a plot in delhi which is freehold (registered with stamp duty paid). The seller bought this land from someone else which in turn bought the land from the first owner. The seller paid all the stamp duty and registration charges and registered the property in his name. But seller has not applied for mutation all these years. Now :

1.) If I buy this land, can I do the mutation of land in my name considering that the seller hasn't done the same ?? One of the way maybe to ask him to apply for mutation and then sell the property. But is it possible to mutate the property in my name without the seller doing it before selling ??
2.) I have also heard that nowadays registration of plot is done only when the latest property tax receipt is attached along with other documents in sub-regustrar office. Since the mutation was not done so there is no question of property tax being paid by the seller. So what is the way forward ??
3.) Should I proceed with buying this piece of land ??


 2 Replies

G.L.N. Prasad (Retired employee.)     21 July 2019

It is always proper to seek local advocate assistance in the matter though you may have to pay normal fees, as he is more approachable and accountable for his consultation.

1. The mutation is not a title deed and it is only a revenue record to show in possession.   Once EC and the clear title deed is there, at the most they may demand you mutation charges from that date of your previous seller to this date of your recording mutation entries.

2. Please go through such direction.  One has to pay property taxes before mutation on that property..  Who has paid is not the issue.  Whose name is appearing is also not the issue. The mutation is different, property tax can be paid by anyone, but that amount goes in the account of the name of the owner as registered in their books.

3.A piece of advice was already provided, , do not take anything granted on your own on hearsay or postal guidance and when investing huge amounts, always take a professional advocate into confidence.

1 Like

P. Venu (Advocate)     21 July 2019

You may ask the seller to settle the pending taxes and get the mutation carried out before the sale deed is executed.

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