What Is a Mutation Certificate?
If you’re considering buying a new 1 BHK flat in Mira Road, you must have come across the term “mutation certificate” or the “mutation of property”. A mutation document, natively called the “Dakhil Kharij” or “Jamabandi Nakal,” is a crucial legal document that records changes or alterations in the ownership or title of a property, mainly within the context of land or real estate. The mutation certificate or the mutation of property reflects updated information about the property’s ownership and status in the official land records maintained by the local land revenue department. It is needed after a property is sold, gifted, inherited, or bought via the Power of Attorney.
The mutation of property is essential to keep these records accurate and up-to-date, and the mutation document serves as testimony to the change of ownership. It is also essential in deciding who pays property tax after a change of ownership. Mutation of property takes place after its registration. Your local municipal office does this by updating records in the mutation register; you can also apply for this process online.
Types of Mutations
Broadly, mutation of property is of two types – agricultural land mutation and non-agricultural land mutation.
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Agricultural Land Mutation:
In the case of agricultural land, mutation of property is necessary as a piece of land cannot be sold/transferred without the presence of a mutation copy. If, for some reason, the government is acquiring the land, the compensation is given only to those who have their names registered in the land revenue records.
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Non-Agricultural Land Mutation:
Non-agricultural mutation of property covers flats, residential plots, independent houses, etc. While the unavailability of mutation certificates in these cases may not affect the owner’s title, it may prevent them from receiving electricity and water connection and cause property tax issues.
Related : Fractional Ownership In Real Estate
Mutation Certification Vs Property Registration
Property registration entails submitting stamp duty and registration charges to the Land Revenue Department. As soon as the buyer does this, property registration is complete. Registration involves the transfer of ownership of a property.
Conversely, the mutation is a longer process that sets in after the registration is complete.
Whereas property registration defines who owns the property, the mutation of property represents the change of a property’s ownership and is required for property tax purposes. It does not transfer or is indicative of a property’s ownership. The process is completed by issuing an allotment letter.
How to Apply to Get a Mutation Certificate?
The application for a mutation certificate varies from state to state, but the general application process remains similar.
You can apply for a mutation certificate either via:
- Offline mode
- Online mode
If you wish to apply for a mutation certificate or mutation of property offline, you can approach the offices of the concerned Revenue Inspector. After that, you submit filled-in application forms and required documents relating to the mutation of the property to either of the following:
- At the Gram Panchayat level
- In the office of the relevant Block Land/Land Reforms Officer at the Panchayat Samiti level
- In the office of the district magistrate of a particular block or district
However, with the advancement of technology, now you don’t have to visit local offices in person to apply for a mutation certificate. Nowadays, an application for the mutation of property can be easily submitted online from your home without going through the tedious process of running from one place to another.
Different states have different online websites to register for a mutation certificate easily.
Once you log in, fill in the required details and attach scanned PDFs of the required documents.
Here’s a detailed guide on how to apply for a mutation document online:
How to Get the Mutation Certificate Online?
- Visit your state’s land revenue department website, such as www.telangana.gov.in/ for Telangana, e-nagarsewaup.gov.in for Uttar Pradesh, or https://biharbhumi.bihar.gov.in/ for Bihar.
- Navigate to a button that says, apply for “online mutation” or something similar, depending on your state’s website. Alternatively, you can perform a Google search with online mutation of property + name of your state/district.
- Click on “Apply” and register as a new user.
- Fill in all the details correctly. It’s advisable to have all your documents handy for the mutation of property.
- Log in to the portal with your user ID and password.
- Once you find your property in Mumbai online, you must upload a scanned copy of all your documents online.
- Insert owner names and cause of mutation, as required.
- Save all records. Make the required payment online.
- Note down your reference or acknowledgement number of the mutation of property.
It generally takes 15-30 days to receive your mutation document. A local official may visit the property for verification during this time. You can track the mutation document’s status on the website.
Note: These steps may differ from state to state.
How to Get the Mutation Certificate Offline?
Here’s a walkthrough of the several steps of application for mutation of property offline:
- Visit the sub registrar’s office and complete the registration process for receiving the mutation document.
- Obtain a copy of the land mutation certificate and fill in all the fields.
- Attach copies of all your relevant documents.
- Submit the filled-in application form to the concerned official and your documents.
- You will receive a transaction ID on your registered phone number. Note it down.
- Officials will visit to carry out a physical inspection of the property and take its measurements. They will confirm if there are property-related disputes.
- Upon verification, the concerned body sanctions the certificates and updates government records. Mutation of property is now completed.
Mutation certificate charges may range anywhere from Rs. 20 to Rs. 250, depending on your state of residence.
Documents Required for Mutation Certificate/Mutation of Property
A mutation certificate is applied for in two cases:
- When a property is bought
- When you inherit a property through a ‘will’ after the owner passes away
No matter which case, the government requires you to submit the following documents before applying for mutation of property.
Mutation of Property in Case of Sale of Property | Mutation of Property in Case of Will or Inheritance |
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Importance of a Mutation of Property
The mutation certificate, though not directly suggesting ownership of a property, has several uses and needs:
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Ownership Transfer:
Transferring land ownership can become an ugly legal issue if not properly addressed. A mutation certificate represents changes in the status of a property when it’s sold, gifted, or transferred. Mutation certificates become especially important when transacting agricultural land.
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Tax Assessment:
The primary objective of a mutation certificate is to update property tax liability to the rightful owner in municipal records. Until a mutation certificate is filed, property tax notices are generated in the previous owner’s name.
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Legal Transactions:
Mutation certificates may be required for various legal procedures. These include taking loans against the property, applying for building permits, or participating in land-related legal disputes.
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Preventing Fraud:
Mutation records can help prevent fraudulent claims of ownership. They carry legal value and can be used as evidence. It also helps you stay aware of unauthorised deals against your property.
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Useful for Resale:
Selling a property requires an extensive set of documents. Prospective buyers should obtain all legal documents before finalising the purchase. They may also require a copy of the mutation certificate or mutation of property.
Significance and Challenges
Failure to file a mutation certificate attracts municipal taxes, such as those relating to housing or water, which will be charged to the previous owner. There are several reasons why many fail to file for a mutation certificate:
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Lack of Awareness:
People are unaware of a mutation certificate and how to procure it.
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Administrative Delays:
Mutation of property processes vary from state to state. As such, they may sometimes involve long delays.
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Objection Resolution:
Properties with disputed ownership or several claims from different stakeholders may have difficulty obtaining mutation certificates.
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Digital Transition:
While some states offer a seamless digital mutation process, others are still transitioning from manual to digital records, causing variations in efficiency.
Conclusion
Mutation of property is an essential legal process for land transactions. The governments of various states are working to make acquiring legal documents, such as mutation certificates, easier and hassle-free. This article dealt in detail with the process of mutation of property. So the next time you buy a property, register for a copy of a mutation document timely.