Property mutation of a property also known as Dakhil Kharij is the process through which the title entry is changed in local records once it has been transferred in the name of a new owner.
It is essential to renew the records so that land revenue is collected from rightful owner. After settlement operation is over any change in ownership, land use pattern, change in nature of land should be reflected in the correct Record of Rights so that right type of land revenue is collected from the rightful owner in time.
The need for initiating the property mutation arises:
- When an individual purchases a property.
- The need for property mutation also arises in case of death of the original owner and the property title being transferred in the name of another owner due to inheritance or succession.
- When individual receives a property through a gift or a will
Those who buy land or apartments or inherit the same through a will or gift deed, have to get property mutation done.
The Tehsildar is the authority for mutation proceedings in contested cases and Revenue Inspector is the authority for mutation proceedings in uncontested cases. Tehsildar includes Additional Tehsildar and any other officer notified by Government from time to time.
- Submission of the application for mutation with the Tehsildar of the area with a non – judicial stamp paper of required value.
- Once the documents are submitted along with the application of mutation then the statements of the parties are recorded and matched with the contents of the submitted documents to look for any discrepancies.
- If no objection or discrepancy is found, the proposed mutation is sanctioned. However if any discrepancy is found, the matter is referred to the Revenue Assistant of the area.
- If the concerned parties are not satisfied with the order, an appeal can be filed before the Additional Collector within 30 days of the concerned order.
The mutation of agricultural property is mandatory without which land title cannot be passed to the owner. However in cases of non – agricultural lands mutation is not mandatory but the same should be done to prevent hassles in the future with respect to the concerned property.
Mutation of property is compulsory for buyers of land. In case of non – agricultural land and for buyers of flats and apartments, mutation is a legal formality and failure to do so, does not take away one’s right in the property.
Property registration is the process through which a property gets transferred in the name of the buyer after payment of stamp duty and registration charges whereas property mutation is the process that takes place after this formality, typically after a year or so.
The following are the documents required–
- Correctly filled property mutation application form
- Copy of the sale / title deed
- In case of Succession, Copy of will and death certificate of the owner
- Indemnity bond
- Copy of Aadhaar Card/Passport
- Property tax receipt
Mutation proceedings are initiated on:
- Receipt of intimation from Sub – Register after registration
- On receipt of intimation from any court
- On receipt of intimation from Land Acquisition Collector
- On receipt of application from any person interested
- On receipt of report from Sub – Ordinate Offices
- On his own motion
Within 30 days of receiving the rejection order, the aggrieved party may submit an appeal with the extra collector or deputy commissioner.
Separate mutation cases are to be registered for separate holdings where the recorded tenants are same.