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Kumar R. (Executive)     29 August 2009

Mutation of house property

Please clarify following points:

What is mutation and why it is required. What will happen if the house property is left unmutated for several years. What are legal implications of this.

Thanks in advance

 



Learning

 20 Replies

anuradha (independent lawyer)     29 August 2009

Mutuation, is the entry in the property records, maintained by the Government. It gives the name of the person who is the owner of the property along with other essential details, as like, wot is total area of the land, ancestral or purchased, residential or commercial, etc.

Any land has to have a mutuation entry. It is essential for giving the real owner the property title. And thus, is essential document for resale or purchase of any property. Mututation entries are essential to discover whether the property had  a clear title.

Every piece of land shall definitely have a previous owner and legal record. You got to check that record, through search,and, thereafter, if u have purchased the property, u shall be required to see whether it had a clear title before. And get ur mutation enteries updated at sub-registrar office.

As far as negative implications of properties without updated mututations are concerned , it shall give u lack of clear title to ur property. This can create legal complications incase if u want to resale the property if the said property belongs to u or if u have purchased it and wants to resale it in future.

Hope ur queries are satisfied.

Regards,

Adv. Anuradha

 

 

2 Like

Kumar R. (Executive)     29 August 2009

Thanks Anuradha,

Please clarify whether there is any time limit upto which the purchased house property can be mutated.

regards

 

ANAYARA RK JAYAN (licensed document writer)     30 August 2009

u r absolutely right Anuradha......mutation records vested with government. if you desire to include ur ownership about house property u should apply for mutation. it is need and necessary to avail loan, bail ,other official uses. all we are aware, the extreme ,supreme, utmost owner of land is goverment (governer/president of India)

anayararkjayan@gmail.com

Deekshitulu.V.S.R (B.Sc, B.L)     30 August 2009

Mutation of name in records of government is a prt of proofof possession over the property. The real ownership can be proved by the sale deed in favour of the person holding the property. The law is settled that even the mutation entries in records of government  have a rebuttal value and have no absolute presumption.

But as suggested by Jayan, they will be very useful for a obtaining the loans from Banks etc.

Mayor Kumar (Principal COnsultant(Water))     30 August 2009

I have got the WILL of my father probated. Ima the excutioner and administrator of the WILL. The letter of administration was issued by the Court last year . I was to flie the invetory which my lawyer did not file asying that it is not required. Now my property has been mutated. Now the judge has issued a show cause notice for not filing the inventory in time. Judge gave the indication that the leeter of administration may be revoked .Please tell me is to so an offence when it is a straight forward case.

Mayor

anuradha (independent lawyer)     30 August 2009

Good Morning,

Mr. Kumar, can u plz provide exact details about ur problem. It should be mutuated immediately as soon as possible. If you provide the specific reason for why the property is still remains unmutuated, then, it would be easier to find a proper solution.

Kumar R. (Executive)     30 August 2009

Thanks Anuradha,

Please check your inbox.

Thanks a Lot.

regards,

Kumar

Mayor Kumar (Principal COnsultant(Water))     30 August 2009

Dear Ms Anuradha,

Thanks for your prompt response.

The WILL of my father has been mutated. After mutation as is the procedure I approached the court  for releasing the property of the the surety. since the inventory was filed about a month late the judge has issued a show cause notice both to me and surety. Yesterday the arguments took place with ASJ . The letter of administration has been surrendered to court  as required by him. Now tomorrow judge has called me to pronounce the verdict. He holds the opinion that it was delibrately delayed and proably wants to revoke it (LOA)on such a flimsy ground.

  Could you help me in getting some such judgement wherer delay in filing inventory has been condoned  or some such thing.

Regards

Mayor Kumar

t k kakar (DGM)     17 July 2010

Dear Mr Mayor Kumar ,

I have read your grievance in which u have mentioned that u & ur Surety have been served with a show cause notice for filing the delayed inventory .In my case which is same as of ur case ,myself & my surety have been  served with the show cause notice by ADJ Delhi .In addition I have been asked to deposit the original LOA immediately.This is a recent case.

Can u pl apprise me the action taken by u .Has ur case been decided?If u have any judgement on this issue kindly provide me the link at the earliest.

With regards,

 

T K Kakar

Manish (AM)     05 October 2010

are there any penal consequences under property tax laws for non getting the property mutated in my name...

Rajesh (Owner)     28 August 2011

Is Mutation is Required for converted Land (from agricultural land to Residential land)  ?

 I have purchased a peice of land (residential plot in Rajasthan in ALWAR district) from a well known  Flat Builder company, while I asked the Registrar for mutation of my land he said Convereted land does not required Mutation .. Is it Right ?

Kindly Reply ..

 

Thanks

 

ekta chhabra (dr.)     04 February 2012

helo sir. i want to ask how cn we mutate the house paper if they were left from last so many year please tel me the easiest proceduere in which time span vil be les,as i hv to construct my 1st floor

Soumen Seal (Self)     06 February 2012

 

In a scenario,inspite of probate been granted against the Will of the deceased person 35 years ago,  the mutation has not been done yet for that property . My queries are :

1) What can be the probable reasons for such dealy ?

2) Is there any max. time limit of doing mutation, from the date the person has deceased?

3) is it an offence ( criminal / civil ) for not doing the mutation of that propert for so many years ?

4) Can any Govt. body take action for such offence, if any ?

Kindly advise as soon as possible.

Regards

Soumen Seal

Soumen Seal (Self)     06 February 2012

Dear Sir (s)

Further, I've another query .

Can the person sell and do  monetary transaction of any other immovable property, apart from his dwelling property, only against the probate of the Will of the deceased person ? Mutation has not been done of the said properties ?

Kindly advise.

Thanks

Soumen Seal // Kolkata


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