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
Kumar R. (Executive) 29 August 2009
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
A V Vishal (Advocate) 29 August 2009
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
Kumar R. (Executive) 30 August 2009
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
ANAYARA RK JAYAN (licensed document writer) 30 August 2009
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
ANAYARA RK JAYAN (licensed document writer) 30 August 2009
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..
Kumar R. (Executive) 30 August 2009
Thank you sir,
But my question is can the property be mutated after 5-6 years of actual purchase date.
regards,
kumar
Kumar R. (Executive) 30 August 2009
pl check PM in your inbox.
ANAYARA RK JAYAN (licensed document writer) 30 August 2009
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.
Kumar R. (Executive) 30 August 2009
Sir,
Did you see my PM in your inbox. wherein i provided more details about the case.
rekards
kumar
Seema (Advocate) 19 February 2010
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
manisha (advocate) 10 March 2010
what is th liitation for mutation entry?
deepika (student) 15 March 2010
if a person has handed his property in sum body else custody for 4 years and had no news form the owner, then can he by getting himself on the municipal records sell that property legally? and is this called "mutation"?
what would be the consequences on the person who buys the property consequently if the owner comes thereafter and claims his right over the property?
Abhai Pratap Singh (Director) 23 March 2010
A Query: In case a property does not have a valid title holder (not registered), does the person on whose name it is mutated can be assumed as the owner and property be purchased from him. Is his legally safe. How to check this for properties which have no title change for more than 50 yrs and owner do not have any registration or any other proof of title.
Tereza (Personal Assistant) 13 April 2010
My father's inherited land purchased by me as a daughter by registration and stamp duty paid. The land was equal share of my cousins which was sold to some other person for which permission has not taken which I want to purchased. But in the meantime my cousin sold to third party without knowldge and without mentioning my father's name on the Notice in Navshakti newspaper. I have taken objection that on 7/12 should not be on his name until we are objecting. but Mandal Adhikari what he did we do not know but their name put on 7/12 extract. Before their name came I had filed a case against them that how they sold their share to other person since from one family member was purchasing. My aunty also objected for the same. Myautnty's share court has not yet declared hence the purchaser of the third party is illegally taking possession of the land .
How 7/12 on his name adjusted since we filed the case to court. If as shareholder of the smae land can purchase land or permission be needed of the same 7/12 extract people. heirs..
Bhartiya No. 1 (Nationalist) 13 April 2010
It is well settled that entries in revenue records do not confer title. Title to a property of a person would not be lost merely because his name is not mutated in the revenue registers. So entry showing the name of a person as owner of the property in the column relating to 'owner' does not confer title on him in relation to that property, if he is not really the owner of that property. Similarly, because the name of an individual is entered in column No.16 of the Pahani relating to 'person in actual possession', when the land is kept fallow or vacant, that entry by itself would not help him in establishing his possession during that year. The question as to who is in possession of a land kept fallow or vacant mainly has to be decided on title. In AIR 1996 SC 2823 the legal effect of Mutation is stated as "Mutation of the property in the revenue record will not extinguish title nor has it any presumptive value on title".