What is the Mutation of Property?

A change of ownership in cases involving inheritance, the property Will, sale/purchase or through any Government settlement. The revenue department of the local municipal body is responsible for maintaining a comprehensive record of ownership of property and transfers. This enables the authority to affix property taxes and issue proper tax documents. Mutation filing is an extremely crucial part of buying the property. It enables proper receipt and utility bill generation in the name of the new buyer in place of the old. It is crucial to regularly track the mutation details and update information periodically to safeguard the property from any fraud.

Why Mutation of Property is important?

Unlike what most buyers think, a registered sale deed is not the ultimate proof of ownership of property. The law does not call oneself the rightful owner of the property unless the government records recognize and register the property. Mutation of property, or ‘Dakhil Karij’is the change of ownership title from one person to another in the revenue records of the local municipal authority.

How to Apply for Mutation of Property?

Necessary documentation is necessary prior to submitting the application for property mutation. These documents vary in different states. The court handles the request for a change in official records through an application with a court fee stamp of Rs.3/- in Delhi. The applicant must properly sign and submit this form with the commissioner of the revenue department. In addition, documents such as the last receipt of property tax payment, an attested copy of sale deed, NOC from the housing block, indemnity bond on stamp paper of value, affidavit attested by a notary. In the case of inherited property, the Will, succession certificate, or death certificate, a copy of Will and power of attorney are also be required.

The concerned authority shall verify the application. And subsequently, the court initiates the process and completes it under a time of 30 days. Then, the court grants a certificate of mutation of property.

The mutation of property is of 2 categories, of agricultural and non-agricultural land. Registration for the former is compulsory whereas the latter is not compulsory but is recommended.

There is also a small fine for not complying with the mutation requirements.

If you are still confused or need more clarity regarding the procedure of mutation of property in Gurgaon, contact us for further clarification. Our team of expert lawyers will have all the solutions for your property related issues.

-By Aryan Dhingra
2nd Year student of OP Jindal Global University

 

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