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“Land Mutation” (दाखिल-खारिज) And Everything You Need to Know

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anurag
“Land Mutation” (दाखिल-खारिज) And Everything You Need to Know


Hearing it for the first time?
Don’t worry we’ve got you covered! “

 

Mutation in simple terms refers to the legal authorization of a property through which further transfer or mutability of ownership can be achieved.
This article will focus on everything you need to know about Land Mutation, how is it done, and why it has become an essential part of buyers. 

What is Land Mutation? 

The land is a state subject, and each state keeps track of land/property transactions. These records serve as proof of ownership and assist the average person in protecting their property investments. Because all information pertaining to land records is registered, the potential for property-related fraud is reduced. The records show who owns a specific property and what encumbrances are against it. It should be noted that in the case of a land buyer, property mutation is required because the transfer of ownership will not be complete unless this is done. While land mutation is not legally binding on the land buyer, it must be completed within 3-6 months of the land purchase so that government records are updated and there is no confusion regarding the aforesaid change.

Why Do We Need It?

  • If a property is being bought
  • If a property is to be inherited
  • If a property is to be gifted or given
  • A power of attorney is used to buy a property

 

Documents Required

The documents needed to complete the mutation process differ from state to state. However, the standard documents that a buyer must submit are given below:

  • Application Form
  • Copy of the Sale/Title Deed from the concerned persons
  • Affidavit on stamp paper
  • Copy of Aadhaar Card
  • Indemnity Bond
  • Receipts of Property Tax
  • In case of succession after death, a copy of the death certificate is required
  • Copy of will or succession certificate



Mutation Fees

Various states accept nominal fees for conducting land or property mutation or Dakhil Kharij while others charge a certain percentage of the property value. The nominal fees range between Rs 25 and Rs 100. In other cases, charges levied can be at least around 1% of the concerned property value. However, this is a one-time investment. Please note that the papers need to be updated from time to time to ensure the records stand clean.

 

Time Needed

Once you submit your application, alongside the specified documents, it'd take the municipal body fifteen to thirty days to update the record, once that it might issue a property mutation certificate to you. just in case of land mutation, it'll take a minimum of a month for the records to point out the amendment in land possession.

Application Procedure

One needs to report to their respective municipal bodies for the mutation process. The municipal bodies in the areas maintain property and land records. Nowadays online systems of mutation are also available. However, the buyer needs to visit the municipal office in person.

Delhi

Delhi Development Authority

dda.org.in/lands/transfer_mutation_residential_plots.htm

Greater Noida

GNIDA

greaternoidaauthority.in/resmutf

Gurgaon

District Gurgaon

gurgaon.gov.in/revenue.php

Hyderabad

Govt of Telangana

www.telangana.gov.in/

Kolkata

Directorate of Registration and Stamp Revenue

www.wbregistration.gov.in

Mumbai

Mumbai Suburban District

mumbaisuburban.gov.in

After successful application, concerned authorities from the department examines the property physically, verifies the process and then issues further certification. Further, note that land buyers are expected to complete the process as soon as possible whereas flat or apartment buyers can take some time. However, it is preferred to have the process done as early as possible to ensure completion of the legal processes as well as to well organize the papers and keep them safe.

 

Since the charges are low, buyers get reluctant and unnecessarily delay the mutation process. It is advised to complete the process as soon as possible, given the fact that the process itself consumes around a month.  Further, if the buyer plans to sell the property in the future he would be needing proof of mutation as well. Moreover having the mutation process successfully done on time adds to the legal safety of transfer of ownership. 

 

Mutation VS Ownership

One cannot claim the title of a property with only the reference of mutation under one’s name. Owners should recall here that mutation entries will solely be used as proof of possession over property and not title. The Supreme Court has passed judgments stating that. According to the highest court, mutation records don't confer the title of a property on an individual. in a very declarative suit, the owner can have to be compelled to establish his possession over the property severally, the SC aforementioned, whereas rejecting a special leave petition. While passing its judgment within the Bhimabai Mahadeo Kambekar versus Arthur Import and Export Company in 2019, the apex court had established constant purpose, speech communication mutation entries of revenue records didn't produce or extinguish title over the land, adding that such entries didn't have any presumptive price on the title of such land.

 

What To Do If The Application Is Rejected?

The rejected party can file an appeal in case the application for mutation has been rejected. The appeal is to be made before the additional collector or the deputy commissioner within 30 days of the rejected response received from the departments.

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