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Motu Patlu   24 October 2021

Sale of residential plot in absence of mutation document

My father purchased a plot of land 20 years ago through registry only. But there was not Mutation document prepared. Today when I tried to sell the land, the buyer asked for the mutation document.

My father purchased it from a lady who sold it through a power of attorney from her mother. Her mother has passed away long time ago. My father also passed away.

Can I get the mutation document completed now? what will be the procedure for the same. Is keeping this property for long time dangerous for me? 



 3 Replies

G.L.N. Prasad (Retired employee.)     25 October 2021

Contact a local advocate and you may have to file a declaration suit on the basis of all such documents that confirm your possession for more than 12years to the knowledge of one and all, and as you are not having any legally valid title deed in your father's name.  If you are having other co-sharers you may even get a settlement deed and get it registered and it becomes a valid deed for further transactions.  In fact a mere mutation can not get or take away title on a property but confirms your possession.  What about such constructions if any on the plot from 20 years and such approvals and tax paid receipts?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 October 2021

Property mutation is a mandatory process in all legal transactions involving the property.Even as property registration is mandatory in India, mutation is not legally enforceable. Mutation is, nonetheless, important, since it guarantees that all records related to a property are updated with the government. This enables an owner, without doubt, to sell his property.

P. Venu (Advocate)     27 October 2021

The best option for you is to contact the authority concerned. To my knowledge, there is no limitation period in getting the mutation carried out.


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