Mutation of Property in India

6 minutes

Property mutation is an essential process that ensures the legal transfer of property ownership in the records of the local municipal authority. Moreover, in India, this procedure is crucial for those buying, inheriting, or gifting property. Therefore, below, we explore what mutation of property is, its significance, and the detailed steps involved.

What is Mutation of Property

Mutation of property, known as “Dakhil Kharij” in Hindi, refers to the official transfer of title ownership from one individual to another in government records.

This process becomes necessary when a property is sold, inherited, or transferred through a gift deed. The primary purpose of mutation is to ensure that the new owner is recognized in the land revenue records, allowing them to pay property taxes and establish legal ownership.

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Types of Mutation of Property

Mutation can be categorized based on the type of land involved:

1. Mutation of Agricultural Land

This type involves the transfer of ownership for farmland, orchards, or other agricultural properties. It is essential for farmers and landowners to update the records to reflect the current owner, especially for tax assessments and government benefits.

2. Mutation of Non-Agricultural Land

Non-agricultural land mutation pertains to properties such as residential or commercial real estate. In the case of non-agricultural land, specifically, the mutation serves as proof of ownership in municipal records and, moreover, is important for calculating property taxes as well as related benefits.

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Importance of Mutation of Property

Mutation plays a key role in maintaining the authenticity of land records. Some of the benefits include:

• Legal Recognition: It provides formal recognition of the new owner’s rights over the property.
  
• Tax Assessment: Mutation is crucial for property tax assessments, ensuring that the correct owner is liable for taxes.
  
• Proof of Ownership: It serves as an official record of ownership, which is essential for any future transactions.
  
• Inheritance and Succession: It helps in transferring property rights to legal heirs in case of the owner’s death.
  

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Documents Required for Property Mutation in Delhi

Document	Description
Copy of Sales Deed	Proof of the legal transfer of property ownership.
Notice Form A	Required for property ownership transfers, excluding inheritancecases.
Notice Form B	Required for property ownership transfers through inheritance.
Copy of Will	Necessary if the property is being transferred through inheritance.
₹3 Stamp Fee	Attached to the mutation application for changing the name;found in Annexure A.
Notarized Affidavit	Attested by a notary, containing names of the previous andcurrent property owners; found in Annexure C.
Indemnity Bond	Signed on ₹100 stamp paper to ensure compensation to theMunicipal Corporation in case of disputes; attested by a notary;found in Annexure B.
Receipt of LatestProperty Tax Payment	Proof of the most recent property tax payment.
Identity Proof	Valid identification document of the applicant (e.g., Aadhaar card,PAN card, passport).
Copy of Power ofAttorney (if applicable)	Required if the transfer involves a Power of Attorney.
Copy of SuccessionCertificate (if applicable)	Necessary if the property is inherited and there is no will.

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How to Apply for Mutation of Property in Delhi

To apply for property mutation in Delhi, you can:

• Go to the Municipal Corporation of Delhi website
• Log in or sign up
• Select “Property Tax” from the “Online Services” menu
• Search for the property details
• Apply for a Union Payment Identification Code (UPIC)
• Apply for property mutation
• Pay the mutation fee
• Check the application status

You can also apply for property mutation by visiting the local municipal office or land revenue department. You’ll need to: 

1. Get the mutation application form.
2. Fill out the application form.
3. Gather the required documents.
4. Submit the application and documents to the relevant office.
5. Pay the mutation fee.
6. Wait for verification by local authorities before the mutation is completed.

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How to Check Application Status for Mutation of Property in Delhi

To track the status of your property mutation application in Delhi, follow these steps:

1. Go to the official website of the Municipal Corporation of Delhi.
   
2. Select your respective zone from the available options.
   
3. Click on the ‘Online Services’ tab.
   
4. Choose ‘eMutation Property Tax’ from the list of services.
   
5. Then, click on ‘Application for eMutation.
   
6. Select the option for ‘Application Status’ and enter your application number.
   
7. Hit ‘Submit’ to view the status of your application.
   
8. The mutation details will be displayed on your screen.

It’s important to apply for property mutation in Delhi as soon as ownership changes take place, especially for landowners. Failing to do so can lead to legal complications. To make the process easier, the Delhi Municipal Commission provides online services for property mutation on their portal.

Mutation of Property After Death

If the property owner passes away, the legal heirs must then apply for mutation. Furthermore, documents like a death certificate, succession certificate, or a will are required. In case there is no will, a legal heirship certificate might also be necessary to prove the right to inherit.

Affidavit for Mutation of Property

An affidavit is a sworn statement that must be submitted as part of the mutation application. Furthermore, this document declares that the information provided is accurate and true to the best of the applicant’s knowledge.

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What is a Mutation Certificate?

It is an official document issued by the local revenue authority that confirms the change of ownership in property records. Furthermore, it serves as proof of the new owner’s rights and responsibilities.

Uses of Mutation Certificate

• Legal Proof: It acts as a legal document in case of disputes regarding ownership.
• Tax Assessment: The certificate is used by tax authorities to assess property taxes.
• Utility Services: It is often required to transfer utility connections like water and electricity to the new owner.

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Online Mutation of Property

The digitalisation of the property mutation process has made it easier for individuals to apply and track their application status.

Benefits of Online Mutation

The online mutation process offers several advantages:

• Convenience: Applicants can submit their applications from the comfort of their homes.
• Time-Saving: The online process is generally faster than traditional methods.
• Transparency: Online systems often provide tracking features, allowing applicants to monitor the status of their applications.
• Reduced Error: Reduced chances of errors or lost documents
  

Common Issues During the Mutation Process

While the mutation process is straightforward, several common issues may arise:

• Document Discrepancies: Incomplete or incorrect documents can delay the process.
  
• Verification Delays: Physical inspections may take time, leading to longer processing periods.
  
• Legal Disputes: Disputes over property ownership can complicate the mutation process, requiring legal intervention.
  

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Conclusion

In short, property mutation is a critical step in securing ownership in official land records. While it doesn’t affect ownership rights, it plays a significant role in maintaining accurate land records, tax payments, and future property transactions. Make sure to follow the process, submit the necessary documents, and track your application online if possible for a seamless experience.

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Frequently Asked Questions