Once an immovable property is transferred, whether by sale, gift, or inheritance, it is vitally important to record the change of title and ownership with the land department of the State because the mutation is prima facie proof of possession. In the case of apartments, the mutation is important to fix property tax liability and making the apartment marketable in the future. In the case of land, the mutation is essential as mutation prima-facie implies possession and secondly, it would be a protection against third party claim of possession. Ownership by DEED and mutation by ROR makes ‘OWNERSHIP’ comprehensively infallible.
We know that land is a state subject and each state has a record of land/property deals. These records act as proof of ownership and help the common man to keep their property investments safe. As all the information regarding land records is registered, this reduces the scope for property-related frauds.
Property Mutation Process
The mutation is done in two offices. The land is mutated in the Office of the BL&LRO and completed apartments are mutated in the Municipal /Corporation Office. You need to apply for property mutation in the prescribed format and be physically present at the office along with all relevant documents. The department may sometimes conduct physical verification of the property. Once the govt. departmental authority is satisfied regarding land documents & upon payment of mutation fees issue the mutation certificate.
It generally takes about a month after you submit the mutation application for the municipality to update its records and issue a mutation certificate. In the case of land mutation, it will take at least a month for the records to show changes in land ownership.
The one-time fee for property mutation is nominal in most states and ranges between Rs 25 to 100. However, in the case of mutation is not done shortly after property transfer, a penalty is charged.
Mutation of Flat
After you purchase a flat, the change of ownership takes place once you register it in your name. However, the mutation is a must-do legal formality and a mutation certificate might be required in the case of some government benefits and also for selling the property.
The mutation is done by the local body such as KMC/ municipality /Panchayet that maintains the land records in a particular area. Mutation in Kolkata is done by KMC. Application for mutation must be submitted to the concerned office with relevant documents such as:
- Correctly filled property mutation application form
- Copy of the Deed of Conveyance
- Mother Deeds/Link Deeds
- Affidavit on stamp papers(if applicable)
- Indemnity bond
- Copy of Aadhaar Card
- Up to date Property tax receipts
- Copy of will or succession certificate or death certificate of the owner (if applicable)
- Legal Heirship Certificate(if applicable)
Is Apartment Mutation Mandatory?
Although apartment mutation is not mandatory, it is advisable to complete the process as early as possible to ensure that the property is in your name in government records. You would need proof of the mutation when you plan to sell the property in the future. Even otherwise, it is legally much safer if a property mutation is done immediately after the purchase, from the point of view of the transfer of ownership.
Mutation of Land
It must be noted that in the case of a land buyer, property mutation is also advisable because without getting this done, the transfer of ownership will not be complete. It must be stated here that while land mutation is not legally binding on the land buyer, they must get it done within 3-6 months of the land purchase so that the government records are updated and there is no confusion with regard to the change of land ownership.
The Government of West Bengal is making the property mutation online for speedy and easy implementation of the process.
Does Mutation Confer Title Ownership?
Property Mutation does not confer title ownership but merely the proof of possession. If required, the owners need to establish title ownership independently.
Supreme Court of India has clarified the law that the mutation entry in the land records does not create or extinguish title over the land, nor such entry has any presumptive value on the title of such land. The Supreme Court reached the above conclusion, following a series of precedents laying down the above principle of law.
How Can You Appeal if Your Application is Rejected?
If your application of property mutation is rejected on any ground, you can file an appeal before the additional collector or the deputy commissioner, within 30 days of the order of rejection.
Always take the help of reputed advisors or legal entities in property purchase so that you receive the right advice on any legal niceties of the transaction.
