All You Need To Know About The Mutation Of The Property.

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A mutation needs to be carried out in all cases of property transfers such as sale or purchase of property, gift, the death of the property owner and even a purchase made through Power of Attorney (PoA). Following the mutation process, the new owner acquires the title of the property registered in their name in the land revenue department and enables the government to charge property tax. Mutation becomes essential for deciding the tax liability when the property owner is changed.

Types of Mutations

There are two types of mutations.

1. Mutation of Agricultural lands – Mutation is essential in the case of agricultural lands. The land title cannot be passed to the new owner if the mutation process is not followed. The mutation and the owner’s name should be entered in the revenue records. In the case of land acquisition by the Government, the compensation is granted to only those individuals whose name is registered in the revenue records.

2. Mutation of Non-agricultural lands - In case of non-agricultural lands such as flats, independent houses, residential plots, etc. a failure to mutate does not take away the right in the sale deed. This implies that the purchaser’s title will be unaffected, and they will remain the owner of the property. If the owner does not mutate in these structures, they will not receive electricity and water connection and are not liable to pay the municipal tax.

Mutation process

The documentation procedure for mutation of a property and the applicable fees varies from one State to another. The general process for mutation of a property is –

1. Submitting an application - The buyer is required to apply for mutation at the local civic body or revenue office. In the application form, particulars of the owner such as personal details, property address, registration date, type of transfer (if it is a sale deed, a gift, etc.) need to be mentioned.

2. Payment of fees- An application fee is required to be paid through Demand Draft. The price may vary from one State to another.

3.Enclosing the documents – After the payment of the fee, the required documents along with the application form and demand draft should be attached. Few other documents which are necessary for carrying out the mutation process are –
- A copy of the sale deed
- Indemnity bond and an affidavit
- Current property tax receipt
- A death certificate in case of inheritance or Will
- Copy of Will or succession certificate in case of inheritance

4. Processing of application - Once the owner submits all the required documents, the revenue inspector or assessing officer will verify the documents. The officer may also inspect the property and will then process the application. In most cases, a Mutation Certificate is issued after processing the request.