What is Mutation of Property? How to apply for Mutation of Property?

Buying a property (home/plot/land) is one of the most important decisions that you will ever make. Buying a property involves a lot of money and it is a serious money decision.

When buying a property, due diligence is essential and you have to verify a lot of important property documents. Patta or mutation or Khata is one such important property document.

When you are selling a property, the prospective buyer might ask for a copy of the latest mutation document. Based on my experience, it has been observed that many people do not know the importance of this document.

So, let’s discuss about – What is mutation / Khata / Patta? Difference between property registration & Mutation. What is the procedure to get mutation of property done? How to apply for mutation of property?

What is Mutation of Property?

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 title of the property recorded on his/her name in the land revenue department and the government is able to charge property tax from the rightful owner.

One needs to get mutation done and get the new owner details updated in the revenue records maintained by civic bodies like Municipalities, Panchayats or Municipal Corporations.

Mutation Vs Registration of Property

Registration of the property is a full and final agreement signed between two parties ie., buyer and seller. Once a property is registered, it means that the property buyer in whose favor the property is registered will become the lawful owner of the property and is fully responsible for it in all respects. The new owner is liable to pay property taxes, development charges etc which are levied by the local civic body.

Once the property is registered in Sub-registrar office, the buyer of the property has to get the title of the property updated in his/her name in the local revenue office (municipality or panchayat office). This is known as mutation. Once the property is updated in the revenue records, henceforth the new owner has to pay the applicable taxes to the civic body (like property tax, development charges etc.,).

So, registration of property and mutation of property are two different things. Mutation of property happens after the registration of property.

Registration of property through the execution of a Sale Deed is done at Sub-registrar office (Registration office) and mutation is done at local civic body office. Registration of the property does not lead to automatic update of land records in revenue office.

I believe that some States like Andhra Pradesh are planning to integrate both the Registration & the Revenue departments, so that the land records are automatically updated in revenue dept (mutation) as soon as the property registration is done at the Registration office.

Types of Mutations

There are two types of mutations.

  1. Mutation of Agricultural lands &
  2. Mutation of Non-Agricultural Lands. Example : Flats, independent houses, residential plots, godowns, etc.,

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.

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 done?

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

  • After buying/purchasing a property.
  • After inheriting a property through a Will or without a Will.
  • After acquiring a property through a Gift Deed.

What is the Procedure for Transfer of Title of Property in Revenue Records? (Mutation procedure)

Kindly note the documentation procedure for mutation of property and the applicable fees varies from on State to another. Below is the general procedure;

  • Application : You (buyer/new owner) has to submit an application at local civic body (to Tehsildar) or at revenue office. In the application form, you may have to provide personal details, property address, registration date, type of transfer (gift/registered sale deed/Will deed etc), property particulars etc.,
  • You have to pay applicable fees through Demand Drafts. (In Bangalore the applicable Khata transfer fee is 2% of Stamp duty that you have paid when registering the property. The fees varies from one state to another.)
  • Enclose the required documents along with the application and DDs.
    • Copy of Sale Deed
    • Indemnity Bond & Affidavit
    • Latest property tax receipt
  • Documents required for mutation in case of inheritance or Will are as below;
    • Death Certificate
    • Copy of Will or Succession Certificate
    • Indemnity bond & Affidavit
    • Latest property Tax paid receipt
    • Copy of Sale Deed etc.,
  • Once you submit all the required documents, the assessing officer (or) revenue inspector will check the documents, may visit the property and will process the application. Generally they will issue Patta Certificate / Mutation Certificate / Khata Certificate after processing your application.
    • Below is a sample Khata certificate issued by BBMP (Bruhat Bengaluru Mahanagara Palike) (Click on the image to open them in new browser window)Khatha Certificate
    • Below is a sample Mutation certificate issued by a local municipality in Andhra Pradesh.mutation procedure transfer of title of property in municpality limits pic
  • Once your name is updated in the revenue records, you may apply for Patta extract or Khata Extract or mutation extract to verify the details. Below is a sample Khata or Mutation Extract.Khata Extract Mutation Extract sample image pic

Important points & FAQs

Listed below are some of the important points on mutation of property;

  • Mutation of property is very important whether the property is a piece of land or a building. But mutation on land is very essential.
  • Patta land or property where up-to-date mutation is done can be easily sold.
  • If the property is jointly owned then mutation can be issued jointly in the name of all co-owners.
  • If you are the first owner of the property ( for example, property acquired in a Govt e-auction), you have to ‘register’ your name in the land revenue records. So, in this case it is not ‘transfer’ of title of property.
  • If you would like to check if a property has free title/ownership (or) whether it is mortgaged or not, you have to apply for  Encumbrance Certificate. You can cross-check these ownership details by taking a Mutation Extract. (Mutation Extract is an extract from the mutation register maintained by the Village Panchayat Accountant or local civic body office. It records the transfer of land and the mode of such transfer, recommendations of the enquiry /Assessing Officer for such transfer, date of entry of transfer and the record of rights.)
  • Is mutation mandatory after the Registration of Property?  – No, it is not mandatory. But it is very essential.
  • If mutation is not done, does that mean title of property is not transferred from seller to buyer, even after registering the Sale Deed? – The title gets transferred to the buyer but mutation of records is always better to show the possession of property.
  • What if someone does a mutation of land/property in his/her name illegally? Will he/she be the new title holder? – By merely transferring the name in mutation records, one cannot claim that he/she has title to the property. Kindly note that without a registered sale deed on his/her name, mutation is invalid and illegal.

I hope you find this post interesting and useful. Kindly share your comments.

Continue reading other Real-estate articles;

  1. All you need to know about Property Encumbrance certificate (EC)?
  2. 5 ways of transferring Real Estate Property!

(Image courtesy of phanlop88 at FreeDigitalPhotos.net) (Post published date : 26-April-2016)

  • Varadarajula Reddy says:

    sir, i have small doubt , recently i purchased a godown in bank auction but bank officer change the boundaries of the property . and he told bank is not responsible for registration . is it correct sir

  • Rahul says:

    Property held as joint owner between A & B (50percent each)in which A is first co-owner. A gifts his share of property to C, does C become second co-owner or first co-owner by default or steps required to make C second co-owner and B first co-owner?

  • Raj says:

    My mother transferred my ancestor land by gift deed, now mutation application came to my village talati; does he has any authority to decline to do mutation? he asking to have all kids signature when my mom possess the land. Seems he want us to grease his hand. What can be done with his irrational queries and demands?

  • Sonu Singh says:

    Hi, The property was nazul ki jagha but it has 7/12 patta on my father name. My father did the agreement with a person to give ownership to her. My father died after one month of agreement. Now after 4 year the person who have taken the land is saying that ‘the patta is on your father name. I want to take on my name. So I need your mother adhar card, dad death certificate and signature in tehsil office! ‘Can you please guide me in this case? I have asked her to first send the agreement by whatsapp, I will consult and will let you know but i am feeling little worried here..please help

  • MD Waheed Uddin khan says:

    Really very helpful article
    And thanks for valuable post
    7680861637

  • Benudhar says:

    Tahasildar khandapada has dropped the mutation case no 1116/2021 of Benudhardash arises.from CS 197/2017 partition suit decree ordered by civil judge khandapada without verification and notice

  • MONU kumar Yadv says:

    Sir.. thnks for ur valuable post.. It clears all my doubt… About mutation… Once again thanku very much sir.

  • Rakshaan says:

    Dear Sir,

    We have an ancestral property which is older than 100 years at Dindivanam (near Chennai). It is an inherited property which does not have sale document but we have been staying there and paying property tax, electricity bill, etc. Kindly advise how to create sale deed and change the property to my name.

    Thank you

  • swathi says:

    Hi Srikanth, In Feb 2020 , we registered some agriculture land from my grand father as gift deed. I am waiting for my first Passbook. Yesterday when I went to Mee-seva center , They took fingerprint for new passbook and told mutation was not done. I am getting details in Dharani website on my name. When contacted VRO , he is saying “need to wait for Options” . don’t know when that Options will opened and How can I get notification on that. In Dharani, I tried to apply for Mutation but already land deducted from my gandfather’s passbook. So can’t apply for mutation. Can you suggest , what I need to do now.

    • Sreekanth Reddy says:

      Dear Swathi,
      I am not sure on this… can be a technical issue..
      You may kindly take help of a trusted lawyer on this..

  • Siva Pilla says:

    I have read your article about transfer of land property. I wish to add my husband as co-owner of my inherited land for availing house loan. Can you please let me know what type of Deed is to be made and registered (sale deed or gift deed) for this purpose. Thanks. sivanpillai**** @yahoo.com

  • B Gopi Krishna says:

    Sir,
    Our house is in father’s name(sale deed). He expired long back. How to transfer ownership to mother?
    Thanks

    • Sreekanth Reddy says:

      Dear Gopi Krishna,
      May I know if your father has left any WRITTEN WILL??

      • B Gopi Krishna says:

        No. We are three siblings and ok with transfer.
        Thanks

        • Sreekanth Reddy says:

          Dear Gopi Krishna,
          You can just visit the concerned area civic body office (Panchayat/Municipality/Corporation) and get the Property mutation done in your mother’s name.

          You may have to submit;
          * Copy of sale deed
          * Latest EC
          * Latest Property tax receipt
          * Father’s Death Certificate

          • B Gopi Krishna says:

            I already went to Panchayat. They suggested registration needed first – probably what you meant by gift deed in the article. Then I went to Municipality for mutation application form. Who said get family certificate from mandal office first(Our locality brought under municipality few years back, house purchase happened under panchayat only in dads name.) This certificate they say requires late father job proof, living family ids, house photos, etc., Also housing society/assoc. NOC.
            I already have 1, 3, 4 docs you mentioned. Is EC enough or legal heir doc also needed? Is all this under the Gift process of your article?
            Thanks

          • Sreekanth Reddy says:

            Dear Gopi Krishna,
            Kindly note that Registration of Gift Deed is not required.
            How is it possible to get the Registration done now? (As your father has expired!).

            They may require the legal heir certificate..

          • B Gopi Krishna says:

            Yes. Clear now. I was referring to notary office doc, and then to Mandal revenue office for rest of the work.
            Thanks for your time.

  • md.sadiq ali says:

    my uncle is having a land and had registered as sale cum general power of attorney with possession in which he mentioned as ” time is not essense of contract” basis. When he approaches for EC then it is showing as “None of the records out of 5 is considered as relevant with the above property”. please guide us to how his name should be recorded in the EC.

    • Sreekanth Reddy says:

      Dear sadiq,
      Without looking into the docs its tough to suggest anything on this.
      You may kindly consult a local civil lawyer..

  • SUGATHAN says:

    can we do mutation of undivided land of an Housing complex where all flat owners have done sale deed except one (48 done , 1 not done yet)

  • Rahul Gaikwad says:

    Hi Sir,

    I am planning to buy (Lease Right Transfer Agreement) lease land (999years) from first owner(First Lease Deed holder) and Land Ownership rights hold by co-operative society (NA Plot society) in Pune. 7/12 extract is on society name and society has allotted tenants names on property tax & light bills. I ask in register office for agreement process in Mutation situation and they said first owner name should be on 7/12 extract but if he is tenant for 999 year then how can he show ownership and how can be his name on 7/12 extract? In Register office Due to Mutation System don’t allow them to skip it.

    Kindly help me in this. You can call me on my no. 98236363**

  • Anilkumar says:

    Hello sir,
    You have a very detailed knowledge about land transfer. I am planning to buy agricultural land, where the owner has a Sale Deed, MR and tax paid in her name, but the problem is she doesn’t have a sketch copy of that agricultural land. We have instructed to apply sketch copy to get registered transfer to us. Till that time we are planning to go for sale agreement register and once sketch copy received in her name planning to go to register.

    My query is wrt clause mention in the sale agreement register. Could you please suggest me what clause/condition can be added in to sale agreement register

  • Mahesh subramaniam says:

    Very useful and knowledgeable information
    Thanks

  • Raza Shabbir Ansari says:

    Sir,with due respect it is to state that I belong to a Sunni Muslim (OBC) family of eight members including my widow mother. She still alive- 83 years old with good health) has gifted me her( self aquared & registered property) empty plot with four walls(37×100 sq.fit) attached to our regidence (which is located at non irrigated perafery Gram Panchayat area)through a notarized HIBA DEED on stamp paper(50/-) in year 2015 .Is it necessary to get it registered ? What would be the minimum official charges( such as Stamp Duty, Registration fees, Surcharge etc.) to get it registered from Sub Registrar-Tehsil office under above mentioned conditions? NOTE-1:-I have been suggested to get issued PATTA( Ownership Certificate on my name) of this plot from Gram Panchayat then to get that (PATTA)registered from the SubRegistrar Office for nomination in Government Record @ minimum investment.Is it possible & appropriate ? NOTE-2:-My mother has prepared a registered & stamped WILL DEED( vasiyat nama) also (from SubRegistrar Office)of this plot in favour of me.It would be very kind of your honor, please provide me with the detailed information in this regard. I will be highly obliged…. Thanks! Yours sincerely- Raza Shabbir Ansari rzashabbir* @ gmail.com

    • Sreekanth Reddy says:

      Dear Ansari ji,
      If it is a non-agricultural land (residential), suggest you to get the Registration done (if you want to be the owner right away).

      In case, you wish your mother to be the owner as long as she is healthy and alive, you can get the mutation done later. Will DEED is enough.

      You may also consult a civil lawyer in this regard.

  • Raza Shabbir Ansari....M.N. +91 9829763950 says:

    Can PATTA be taken through GramPanchayat Department-Rajasthan of a notarized HIBA deed done by a Muslim Widow to one of her son of a Self aquared& Registered property?The mother is still alive.

  • JAYA PATHAK says:

    My grandfather has a flat registered under his name in Kolkata – Parnashree. His demise too place in March 2019. He has not done mutation and he has two sons, one being my father. We do not have good terms with uncle family, but we know that the property is registered under grandfather’s name. What steps need o be taken further so that legally my father inherits the half property also we do not have the sale deed. Kindly guide

  • Santosh devadiga says:

    My father wants to sell a land. But he does not want to sell the land for me. He says it is self-acquired agricultural land many decades ago and converted to non-agricultural land a few decades ago. Now he is asking for my signature on some documents to sell the land. I live in north India. Is there any Indian law-Karnataka that says that sons signature is needed for selling the land. Is my father hiding any information such as ancestral land bifurcated or any such case?

  • M.Prabhakar Reddy says:

    1.Is there provision to admit the Agricultural Land to mutation as per A.P. Agricultural Revenue Act.,which is on Agreement by the seller to the buyer?

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