WHAT IS MUTATION OF PROPERTY AND WHY IT IS IMPORTANT FOR BUYERS? NRI LEGAL SERVICES
TABLE OF CONTENTS
What is mutation?
When is mutation required?
Is it necessary to get the mutation done?
How is mutation done?
What is the importance of mutation for a buyer?
WHAT IS MUTATION?
Definition: Entering the name of the owner of the property in the revenue records maintained at the local level by the State.
The Government maintains the record as the same enables the authorities to tax the real property owner.
WHEN IS MUTATION REQUIRED?
Mutation is required whenever there is a change in ownership effected by:
➢ Sale/Purchase of property.
➢ Inheritance of property after the death of real owner–intestate succession or through will.
➢ Transfer of property otherwise, e.g. gift.
IS IT NECESSARY TO GET THE MUTATION DONE?
There are two types of mutation:
❑ Mutation of agriculture land.
❑ Mutation of non- agriculture land.
HOW IS MUTATION DONE?
❑ An application is made to the Tehsildar with court fee stamp affixed on it.
❑ The documentation and fee for mutation differ from State to State.
IMPORTANCE OF MUTATION FOR A BUYER?
It is essential to get the mutation done because:
❑The Government looks into the land records to verify the actual owner for imposing taxes and for awarding compensation.
❑Mutation shows possession of the property.
❑Mutation document can be used in Courts as proof for ownership-related disputes.
IMPORTANCE OF MUTATION FOR A BUYER?
❑Mutation is vital for further sale of the property.
❑Mutation helps to prevent the fraudulent sale by seller to more than one buyer.
❑Mutation helps the buyer to ascertain that the property is free from encumbrances or if there is any liability to be incurred by him.