What Is Mutation of Land & Property?
What is mutation?
After a property has been transferred into the name of a new owner, the title entry in local records is updated through a procedure known as property mutation. The local authority uses land and property changes to determine the correct amount of property tax due and how to charge it. The method is known by different names in various states.
How can I apply for a property change, and how much does it cost? And what are the documents required for mutation of property? Please be aware that each state has its requirements for documentation and procedure. However, in India you must do one of these three things to change your property:
If you have purchased a property, you will need to provide the following documents for property mutation: a copy of the sale deed, a property mutation application with an Rs. 3 court fee stamp, an indemnity bond on Rs. 100 stamp paper, an affidavit on Rs. 10 stamp paper, and the most recent property tax clearing papers.
If you are an heir, the property may be changed following the owner's passing: In these situations, applicants must provide a death certificate, a copy of the will, an indemnity bond on Rs 100 stamp paper, an affidavit on Rs 10 stamp paper attested by a notary, and the most recent property tax clearance documents to change ownership of the property.
If you have purchased a property with the aid of a power of attorney: You must include an application with a court fee stamp of Rs 3 together with the latest property tax clearance documents, a copy of the power of attorney papers, a copy of the will, an indemnity bond on Rs 100 stamp paper, an affidavit on Rs 10, and the indemnity bond.
Mutation Records Supreme Court: Don't Confer Property Title
According to the Supreme Court, mutation records do not grant someone the right to property; instead, the ownership must be proven through a declaratory lawsuit. The SC reiterated this while dismissing a request for special leave made by the Bruhat Bengaluru Mahanagara Palike. In its ruling in the case of Bhimabai Mahadeo Kambekar versus Arthur Import and Export Company in 2019, the SC had once again stated that changes to tax records did not grant or revoke title to the land in question, nor did they have any bearing on the title to that land.
Written By
Property Expert Channel
Anurodh Jalan
Jalan Property Consultant
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