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PREACH LAW LLP
Kolkata Office at
Chamber No.215, High Court Of Kolkata West Bangal -: 700001
PREACH LAW LLP
Opposite Road No.3, GTI Area,
Sikar Road, Jaipur, Rajasthan - 302013
PREACH LAW LLP
Office at: 805-B, Sector-K,
Ashiana, Lucknow, Uttar Pradesh, India,
PREACH LAW LLP
Office at: Chamber no.-145,
Shaheed Sukhdev Singh Block,
Near Gate No-1,District Court, Gurugram.
PREACH LAW LLP
(Advocates & Attorney)
Reg. Office:E-111-B, Nawada Housing Complex,
Uttam Nagar, New Delhi-110059
PREACH LAW LLP
Antop Hill Ware Housing Co. Limited,
Unit No. C-339, V.I.T. College Road,
Wadala (East), Mumbai - 400 037
PREACH LAW LLP
Allahabad Office at
138-A/1,Ram Priya Road,
Prayag Allahabad, Uttar Pradesh
  • Delhi
    PREACH LAW LLP
    Delhi Office at
    Plot No.B-34, Second Floor, Arjun Park, South West Delhi, New Delhi – 110043, India
  • Gurugram
    PREACH LAW LLP
    Gurugram Office at
    Chamber no.-145, Shaheed Sukhdev Singh Block, Near Gate No-1,District Court, Gurugram.
  • Mumbai
    PREACH LAW LLP
    Mumbai Office at
    Unit No. C-339, V.I.T. College Road,
    Wadala (East), Mumbai - 400 037.
  • Lucknow
    PREACH LAW LLP
    Lucknow Office at
    805-B, Sector-K, Ashiana, Lucknow, Uttar Pradesh, India,
  • Jaipur
    PREACH LAW LLP
    Jaipur Office at
    Opposite Road No.3, GTI Area, Sikar Road, Jaipur, Rajasthan - 302013
  • Kolkata
    PREACH LAW LLP
    Kolkata Office at
    Chamber No.215, High Court Of Kolkata West Bangal -: 700001
  • Allahabad
    PREACH LAW LLP
    Allahabad Office at
    138-A/1,Ram Priya Road, Prayag Allahabad, Uttar Pradesh

Mutation Services

Mutation Services

Mutation is the change of title ownership from one person to another when the property is sold or transferred. By mutating a property, the new owner gets the property recorded on his name in the land revenue department and the government is able to charge property tax from the rightful owner. For the reader it is important to mention that in case of transfer of property it is not mandatory to mutate the property chain of the property after execution of sale deed. But, it is very essential. If mutation is not done, that does not mean that the title of property is not transferred from seller to buyer. The title gets transferred to the buyer but mutation of records is always better to show the possession of property. Mutation of property is important as it stands as the proof of ownership and might act as a tax record.


Types of the Mutation?

There are two kinds of mutations

  • A. Mutation of Agricultural lands: In case of Agricultural lands, mutation is must. Without mutation the land title will not pass to the new owner.  Mutation should be entered in the revenue records.  The owner’s name which is recorded in the revenue records is referred as ‘Pattadhar’. In scenarios like land acquisition by the Government then the compensation is paid only to the individual whose name is present in the revenue records.
  • B. Mutation of Non-Agricultural Lands: In case of non-agricultural lands, failure to mutate does not take away your right in the sale deed.  That is even though the mutation has not done, the purchaser’s title will not be affected.  He/she will remain the owner of the property.  But the only problem of not mutating is that you may not get electricity connection, water connection and you cannot pay municipal tax.

When Mutation of property can be made

You need to get the transfer of title of property (mutation) done in following circumstances and avoid any legal disputes in the future.

  • a) In case of Transfer.
  • b) In case of devolution/inheritance.
  • c) In case of Power of Attorney/agreement to sell
  • d) In case of Death.
  • e) In case of Will.
  • f) In case of Will outside blood relations.
  • g) In case of by way of Gift Deed.
  • h) In case of Mutation of Residential Flats/Plots/Commercial space/Floor.

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LIST OF DOCUMENTS REQUIRED FOR MUTATION

a) In case of Transfer
  • 1 Notice in Form-A
  • 2 Copy of valid instrument(s) of transfer – deed of such transfer must be duly stamped and registered. Transfer duty on such stamp duty must have been paid;
  • 3 Possession letter / mutation, if any;
Common Documents for all cases
  • 1 Application for mutation with Rs.3/- Court fee stamp affixed on it;
  • 2 Indemnity Bond on Rs.100/- Stamp Paper duly attested by Notary;
  • 3 Affidavit on Rs.10/- Stamp Paper duly attested by Notary (Annex-A);
  • 4 Clearance of up-to-date Property Tax; Apportionment fee of Rs.100/- per assessee for each period of assessment alongwith compounding fee of Rs.50/- (State Municipal Corporation Act)
b) In case of devolution/inheritance c) In case of GPA / ATS/WILL/Receipt/ possession
  • 1 Notice in Form-B
  • 2 Death Certificate of earlier owner;
  • 3 Copy of Will along with codicil (if applicable) or Succession Certificate;
  • 4 Affidavit / No objection from other legal heir(s) / co-assessee(s) on Rs.10/-Stamp Paper duly attested by Notary in case of “Unregistered Will” (Annexure-C);
  • 5 In case of Registered Will, affidavit from the person on whom the title devolves;
  • 1 Notice in Form-A
  • 2 Copy of Power of Attorney duly registered in the office of Sub-Registrar;
  • 3 Copy of Agreement to Sell duly registered in the office of Sub-Registrar;
  • 4 Copy of Will;
  • 5 Receipt of payment duly registered by Sub-Registrar;
d) In case of Death: e) In case of Will
  • 1 Relinquishment Deed.
  • 2 Death Certificate in Original
  • 3 Proof of ID card, duly attested by gazetted officer/Notary Public/Magistrate.
  • 4 NOC or redemption deed, if plot is mortgaged.
  • 5 One photograph & Three Specimen Signatures of Mutatee duly attested by Class-I Gazetted Officer/Magistrate.
  • 6 NOC from the society (In case of a Society plot).
  • 7 Copy of "D" form/completion Certificate duly attested.
  • 1 NOCs from all the class I legal heirs for mutation in favour of legatee.
  • 2 Certified copy of the "Will" left by the allottee/lessee/sub-lessee.
  • 3 Death Certificate in Original.
  • 4 Proof of relationship duly attested by gazetted officer/Notary Public/Magistrate.
  • 5 Copy of "D" form/completion Certificate.
  • 6 One photograph & Three Specifimen Signatures of mutatee duly attested by Class I Gazetted Officer/Ist class Magistrate.
  • 7 NOC or redemption deed, if plot is mortgaged.
  • 8 NOC from the society (In case of a Society plot)
In case of Will outside blood relations In case of by way of Gift Deed
  • 1 Certified copy of "will" left by allottee/lessee/subleasee.
  • 2 Original Death Certificate.
  • 3 Copy of ID card duly attested.
  • 4 Copy of "D" Form/Completion Certificate.
  • 5 One photograph and three specimen signatures of mutatee duly attested by Class-I gazetted Officer.
  • 6 NOC or redemption deed, if plot is mortgaged.
  • 7 A certified copy of assessment order of Income Tax and House Tax receipt showing the name of the person in whose name property is being assessed.
  • 8 Proof of payment of Ground Rent from the society [in case of a Co-operative Society Plot]
  • 1 Affidavit of Donor.
  • 2 Affidavit of Donee.
  • 3 Indemnity Bond to be submitted by Donor.
  • 4 Indemnity Bond to be submitted by Donee.
  • 5 Gift deed substitution of name of family member.
  • 6 Gift deed [inclusion of name of family member.
  • 7 Proof of relationship of donee with the donor viz, copy of ID cards duly attested.
  • 8 One photograph and three specimen signatures of donee duly attested by Class-I Gazetted Officer/Magistrate Ist class.
  • 9 No dues Certificate from the Society in case of a Cooperative Society

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