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.
- Mutation of Agricultural lands &
- 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)
- Below is a sample Mutation certificate issued by a local municipality in Andhra Pradesh.
- Below is a sample Khata certificate issued by BBMP (Bruhat Bengaluru Mahanagara Palike) (Click on the image to open them in new browser window)
- 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.
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;
- All you need to know about Property Encumbrance certificate (EC)?
- 5 ways of transferring Real Estate Property!
(Image courtesy of phanlop88 at FreeDigitalPhotos.net) (Post published date : 26-April-2016)
Hai shreekanth
Your page is really informative.
I Syed. My father had bought the property (agriculture land) in Bangalore as a GPA holder in 1988 as time passed he contracted a house and paid all the taxes and the betterment charges up to date till 2010. In 2010 he sold the property to me and I have absolute sale deed and I have transferred all the Khata on my name and the Khata certificate has my name as owner since 2018. Should I still do mutation if s will it be easy since the civic authority has my name Khata and sale deed.
Is there any threat to my legal authority over the property.
Please advice.
Thank you
What is the source of this? whether the same process is followed in case the property is situated in Bangalore?
Dear Arpit,
May I know what/which source are you referring to?
Related article : Khatha Registration & Khatha Transfer in Bangalore
Is the matation required for flat in apartment and
if yes then where is to be applied for mutation? is it in muncipal corporation or in revenue land record.
Dear Ajay,
It is in your best interest (owner) to get the property mutated. Kindly refer to the above article on the importance of MUTATION of property.
Is the matation required for flat in apartment and
In which law of the provision it say the matation required
Hi Sreekanth,
Can I apply for just Khata Extract within BBMP limits in Bengaluru via online method or should I do it offline?
I already have Khata Certificate & just need updated Khata Certificate.
Does BBMP issue Khata Certificate only for one year or is there a cumulative issue also available?
Do let me know the steps & documents needed.
Thanks
Kunal
Dear Kunal,
I am not sure if you can get the Khatha extract online (now).
You may kindly visit nearest BBMP help centre and get the required details.
This is very useful. I like to know that- is it possible to get the patta when previous four owners have not got patta and not got Mutation. Now I like to buy the Polt and get patta in my Name .
Dear RAJENDRAN,
Yes, it is possible.
However, you may request them to pay for the tax dues (if any) or deduct such expenses from the Transaction deal amount.
Related article :
Checklist of Important Property Documents in India | Legal Checklist for Property Purchase
Iqbal 59 years migrated to krishna district A.P., leaving his land at nalgonda, after 10 years he came back,from krishna district his mother sold his land to one non-muslim and in registration sale deed her mother mentiond that the agricultural land is in the name of her elder son mr. iqbal, as a legal heir she sold to him. is it valid in the law of muslim property Act, and as per the muslim law there is no legal heirs for a living person, but how the sub registrar registered the land from to iqbal to non muslim, is sub registrar held responsible or not ? is it revocable from non mislim to iqbal or not ? is thasildar entitled to re register iqbal’s name in the revenue records from non-muslim, because iqbal’s name was entered in the pahani records since 1978 to 2001.
Dear mohammad,
Was the property in Iqbal name?
If yes, how could she sell the property ?
Hi Sreekanth,
A sold agricultural land to B (2005) and B got pattadar passbooks.
B sold land to C and D (2006) . C and D (brothers) divided land equally and got pattadar passbooks
C sold land to E (through AGPA power of attorney) (2017) (E got order copy from revenue dept to issue passbooks but didn’t get the passbooks yet)
E sold land to ME (through AGPA power of attorney) (2018)
D sold land to ME (through AGPA power of attorney) (2018)
I know two many AGPA’s. Its a land business there and they want to pay less taxes by AGPA instead of a sale deed.
I took legal opinion from an advocate before purchasing the land. Now Registration is done but we are stuck at mutation as the guy in meeseva is saying the previous owners (E and D) doesn’t show up online. He only see original owner “A” in pahani.
We approached revenue office and even they said that they see only original owner “A” in pahani. Which means all the previous owners never got updated in pahani. The reason being – most of them are not aware of pahani or too lazy as they stay in city and don’t want to come all the way to village/mandal to get their names updated in pahani or they might have thought since they have passbooks so all good.
I stay abroad and couldn’t check pahani online as they shutdown a working website (mabhoomi) in Telangana saying they are hosting a new website (Dharani) after state wide land survey – god knows when will it will go live. I trusted my advocate reg pahani but he didn’t pointed out that new owners didn’t exist in pahani and instead he said things looked good. I checked EC, Sale deeds, link docs prior to registration and they all are good and also we took possession of the land before registration itself. Neighbors said the land is clear and there were no objections from anyone.
However advocate did excellent job of – paper ad, sent notices to previous owners (since we purchased through AGP)
my questions are:
1) when previous owners got passbooks, don’t the pahani automatically get updated by revenue dept?
2) We have all the original passbooks, sale deeds, link documents etc from all the previous owners. Will that help in getting pahani updated with the correct owners/Myself? and will we get mutation done smoothly?
3) We gave an application in the revenue providing them the EC, sale deed and link docs. They asked us to come back in a week. Do you think we face any issues?
4) Are there any steps you suggest me at this point?
Dear kumar,
As this is an Agri land, Pahani is a very important document.
Since the original owner has it, you now make sure that it gets transferred on to your name.
Based on the provided information, it looks ok to me and you can just follow it up with the Revenue office aggressively and get it done ASAP. Kindly take help of your lawyer or local Agent.
Thank you very much for the instant reply Sreekanth. I will keep you posted. Again appreciate your response!
Hi Sreekanth,
My father bought a land in 1992 which is alienated for residential purpose in the year 1962. Do we need to have mutation and RTC for non agricultural land as well? We do not have currently. One of the lawyer said it is not required for non agricultural land. Please suggest. If we need to have mutation and RTC, what I need to do. Is it thru legal process like court or we can apply in tehsildar office.
Dear Rajesh,
Though it is not mandatory to have Patta/Khatha, but advisable to get Mutation done in your name.
RTC may not be required.
Dear see
I don’t have an agricultural land from my forefathers , but I purchased agricultural land in 2007. Now again I purchased agricultural land in 2018 Dec and got it registered in subregistrar office, but at the time of mutation of this land in local panchayat, the village accountant is asking me to show my forefathers agricultural land documents, which I don’t have , as my forefathers don’t possess agricultural land. What should I do now
Dear Nagaraj,
The rules to buy/own Agri lands vary from State to State. Kindly consult a local civil lawyer in this regard…
Hi sir, I’m Nagaraj, from Bidar Karnataka
I purchased an agricultural land in 2007 and got it registered in my name and mutation done.
Again I purchased an agricultural land in 2018 and got it registered in my wife name. But at the time of mutation the local panchayat talati is asking for my forefathers land details, to get this agricultural land mutation done. But my forefathers didn’t had any agricultural land.
Can I get my new land mutation done by showing my mutation copy of land purchased in 2007.
Kindly suggest
Dear NAGARAJ,
I believe there was an amendment made to the Karnataka Land Reforms Act, based on which even a non-agriculturalist can also buy Agri land in KA. But, there is an income limit of Rs 25 Lakh pa.
You may kindly refer to this link….
Hi I am Murali from Hyderabad Rajendra Nagar Municipality .. my father expired in Nov 2018 and before he prepared will on my name which was signed by my sisters as a witnesses.. this was notarized thru advocate ( not registered ) .. what should to do next to get property transfer leagally on my name ??
Dear Murali,
Has this property been self-acquired by your father?
If you are the solo owner then you can submit a copies of Father’s death certificate, latest EC copy, WILL, Sale deed, Legal heir certificate, pay tax dues (if any) etc and can get the property mutated to your name.
You may take help of your lawyer reg. this..
Thank you for the prompt reply.. yes in fact , it was bought by me and put my father name .. My sisters knows about this and they don’t have any problem.
The only doubt is whether sale deed name also to be changed or only revenue records? that’s the doubt I have
Dear Murali,
Change in Revenue records is sufficient.
If the civic body does not agree to this then you may to get the WILL probated through Court.
Thank you Very much
Sir,.i need intkal ( mutation)for my non agricultural land urgently,as I m undergoing severe financial crisis and need to sell it but regional officer(patwari) says that there is no such land available.i have registration on my name.what Shud I do in such situation plz suggest me something asap
Dear Renu,
Suggest you to kindly take EC from the concerned Sub-Registrar office and check if it has your name as the latest owner.
Did you get the title mutated on to your name after the Registration of property?
Hi Sreekanth, you have given very helpful information in your blog. Thanks very much.
Thank you dear Vish ..Keep visiting ReLakhs.com .
DEAR SIR,
KINDLY SHARE YOUR MOBILE NO WITH CALLING TIMES ACCORDING TO YOU CONVENIENCE SIR
AS I WOULD LIKE TO CALL YOU AND CONVEY THE PROBLEM VERBALLY THANK YOU
Dear Syed,
Kindly be informed that I provide support/suggestions through my blog/forum only. Apologies!
You may submit your query in Forum, once I reply, you can then submit follow-on queries in Private mode, if privacy is your concern..
Sir, My Father died without leaving any will. We are 2 children one male another female who got married in the year 2001 and my mother. Can we transfer the Khata to my mothers name without partition deed/Settlement deed and only by way of affidavit, NOC and Indemnity. With this whether my mother becomes the legal owner of the property. Will there be any problem in future if any one of the children claim for the partition.
Dear Ramaswamy,
May I know the type of property? Self-acquired by your father or is it an Ancestral one?
Related article : What is Ancestral Property? | Definition & Important Legal rules
HALO DEAR, TO GET PROPERTY TFRED. TO ONE’S NAME ON THE BASIS OF WILL IS BETTER/ECONOMIC/LEGALLY ADVISABLE BY APPLYING FOR MUTATION OR PROBATE IS A MUST IN MAHARASHTRA ?
Dear Mahesh,
May I know if the WILL has been Registered at Sub Registrar office?
In most of the States, Probation of WILL may not be required. But, getting mutation with a Probation adds genuinity to the Transaction.
You may kindly go through below articles ;
Article – 1
Article – 2
Article – 3
WILL IS NOT REGD.
Dear Mahesh,
If so, advisable to get Probation from the Court and then go for Transfer of Title.
CAN YOU SUGGEST WHO CAN GET ME PROBATE, IF IT IS COMPULSORY, IN THANE, MAHARASHTRA. HOW MUCH I WILL HAVE TO SPEND
Dear Mahesh,
You may kindly consult a Civil lawyer, he/she will guide you..
THANK YOU JI
Hi sir,i had purchased land 12 years ago where i am having business and proper patanama was registered and now someone claimed that he also have a registery but i am having intkal also the other party said they forgot to register intkal but i am having patanama registerd on fard so how the other party can purchase the property even i am having patanama and then i purchased the property
Dear Jaspreet,
Suggest you to kindly take latest EC copy for the last say 20 years.
It reflects the ownership details..
Related article : All you need to know about Property Encumbrance Certificate (EC)
dear sir out f 6 members 3 members only owned land
i want to know that my grand fathers land registered to my father and other two uncles they came and signed in register office now we will get 21 form to get patta weather all are again required to sign or no
Dear Sree,
In whose name the Patta has been registered?
Form 21 is an Application for transfer of Shares and interest in the Capital/Property of the Society by the Proposed Transferor.
If the land is owned by multiple individuals then all of them have to sign I believe..
Hello Sreekanth sir,
I Heard that mutation of property in all Karnataka Municipal Corporation is closed. I want to buy open plot from my friend in Gulbarga.But he said the municipal corporations all over Karnataka is not mutating the plot.I just wanted to know if this is really true? or my friend doesn’t want to sell plot and lying.I checked with local bodies they said mutation is closed, but said nothing about all over karnataka.
Dear Madhava,
I am not sure on this info..could not find any news reg. this on the net..
Hello Sreekanth sir,
We have a property in bangalore in which it is jointly registered in my mother and father’s name. But the khata is done against our will by my father and it is done only in his name..now is he the sole owner of the property, can we transfer the khata to my mother’s name or both father and mothers names without my fathers consent?
Dear Vivek,
It is the Sale deed which determines the Owner of the property.
Khata is for collection of civic body taxes.
Khatha can be done in both the names based on Sale deed.
Very helpful. Thanks a lot.
Hello Mr Reddy,
I have purchased a independent house and got the 7/12 from grampanchayat (it is showing in mahabhulekh.maharashtra.gov.in website also) but the 7/12 is showing the name of previous owner and than my name, is it corrent or it should have my name only.
Thanks
Dear Amit,
A 7/12 extract reveals the history of ownership of the land and therefore, it is handy while checking for past disputes on the land and to find out the legal orders that may impact the land.
So, it is correct I believe.
Dear Mr Reddy
Do you know a good lawyer/document writer at visakhapatnam, andhra pradesh, who can help in drafting and executing registration of Relinquishment deed.
No..dear Naveen..
Hi my self Sheikh, i have a property situated in thane bhiwandi, i have Property card registered in my father’s name and mutation is done in Area Municipality that too is in my father’s name. do i need 7/12 in my fathers name too
Dear Shaikh,
If the property has already been mutated in your Father’s name, you can just apply for 7/12 Extract from the municipality..
The 7/12 document is an extract from the Land Register of any district in Maharashtra, which gives complete information about a particular piece of land. It contains important details such as the survey number, area, date from which the current owner’s name was registered etc.
Thank You Mr Reddy,
But i have Property card got it from City survey office, That to have survey no, etc etc. and the land is non agricultural land and is located in urban area, not in rural area than also i need 7/12 to sell my property
Dear Sir,
We purchased a residential plot in Dehradoon
After registration, for mutation when we approach to AWAS VIKAS PARISHAD office (as this land was allotted by same authority in 1986 and given freehold certificate), they denied. By saying that the first owner did two parts (600 and 200 sq ya) of one allotted unit (residential plot of 800 sq yard).
What we have to do now to get mutation done?
Dear Deepak,
Is this the authority who takes care of Revenue and property tax collection? Or Is there any separate local civic body? (Municipality/Corporation..??)
For property tax collection, we have municipality.
But the above said property was allotted by Awas Vikas (Housing development board) and given freehold in 1986 to the first owner. Since than 5 times reselled (register).
But nobody got mutation done on their name.
Now I purchased..
I want to do construction over this plot.
What to do now to get mutations.
Dear Deepak,
Suggest you to check about the Mutation process at your municipality.
Generally they agree for bifurcation of plots subject to certain terms and conditions.
Hi Sree – I need some serious help here.
My Father had bought a land in Dehradun in 94 and after few years he passed away (approx 19 years back). Since I was only 10 years old that time, now i have to recover that land. Land till date is not transferred to any member of my current family (my mother, my younger brother or myself).
I do have few property papers, but I’ve absolutely no clue from where I have to start with. I checked the land a few years back, and it was still vacant, i.e. no one had used it any means during these years.
I’m not even sure if I can take it back. I heard of mutation too, if that can be done on my mother’s name?
Please help me brother, I’d really really appreciate it 🙂
Dear Mayank,
Suggest you to kindly first apply for Encumberance Certificate and check the ownership details, it should be in your father’s name.
Then, kindly visit the concerned Municipality/Corporation revenue office (Dehradun) and apply for Mutation of property in three of your names (if you would like the property to be jointly held by three of you).
You can enclose, copies of your father’s death certificate, copy of Sale deed (which is in your father’s name), latest copy of EC, Legal Heirs certificate, etc to get mutation done.
Kindly read : All you need to know about Property Encumbrance Certificate (EC)
court commissioner executed sale deed in my name , for doing katha thasildar is have any right take objection in karnataka
Dear Ramesh,
If the Sale deed is in your name, I believe that you can get the mutation/Khatha in your name. You may take help of a civil lawyer, if required.
Hi Srikanth, this is Sid….i’m from West Bengal, my grandfather has 2 sons & 4 daughters. He had died in 2014 only having a will ( i.e. Danpatra in bengali) of half of properties in the name of his elder son (my father) and remaining half left blank as he i.e. grandfather had a bad relation with my uncle or aunts. After his death, when that danpatra came in public, they filed a case in court demanding write down all from grandfather by forcefully. In between, they illegaly get a mutation from blro office of the same land of my father’s name in danpatra, yet to mutate by my father…which was not possible bcz of court case dispute running. After 2-3 absence of my uncle in court, when the case is in favour of my father and when he moves for mutation, he got information about their illegal mutation. Anyway they get the mutation of the land, the actual danpatra is of my father’s name. Is this mutation done valid? Now they are the actual owner inspite the actual danpatra is in my father’s hand?? Can we take any legal action against that? Plz suggest what to do? We are in big trouble…plz help.
Dear Sid,
If the WILL for half-the properties are in your father’s name and if the court’s judgement is in favor of your father for the concerned properties, your father can approach the respective Civic body offices (Panchayat/Municipality/Corporation) and get mutation done in his name by enclosing the copies of Court’s order, WILL, Legal heir certificate and death certificate of your grand father.
If required, kindly take help of a civil lawyer.
Related article : What is Ancestral Property? | Definition & Important Legal rules
we have a residential property in the name of my grandmother (Late A.M.B). My grandmother died in 1996 and he has 5 sons 4 dotrs. 3 sons are alive and 3 dotrs are alive. the property is not divided . one of my uncle brought his son in law and occupying all parts closing all common passage and making rooms. we dont stay in our native home. my father is sick and old and my mother is old and helpless. we applied for seperate holding number as the holding no is still in y grandmom name. kindly suggest what to do. the land is not myadipatta so partition is not possible.
Dear Jamuna,
You may take legal action on this, but try to settle the issue amicably on this.
Else, kindly take help of a civil lawyer.
Hello Sreekanth,
Appreciate your great service to the society through this. I have a query.
I bought some bighas of agricultural land in UP 8 months ago and registration was done in Sub-Registrar’s office with duty payment. The entire purchase price was also paid on same day before registration completion. All three joint owners (Mother & 2 sons) signed the deed & appeared for registration. But, when we applied for Mutation (Dakhil Kharij) they objected saying that they have sold wrong piece of land. Initially, sub-registrar said that correction of plot numbers can be done thru Titima, however, after his transfer, new sub-registrar has asked not to go through Titima process as it might create issue in future attracting penalties. Although all plots are adjacent to each other and there’s no difference in valuation as per Government record, the seller is asking for a much higher amount now, 55% higher, which we know is unreasonable. I did try to agree on something reasonable but he has turned greedy.
Is there a way out here? Can he continue to stop/object to mutation even after receiving the money as per sale-deed? We have already lost 8 months even after having the sale deed. Obviously we also didn’t push much during this time but now I want to finish this.
Is there a way to correct this? I asked him to return the money and I will sale it back to him post mutation because we can’t agree on new price but he doesn’t seem to agree to that because he’s become greedy.
Your advise will help. Thank you so much.
Regards,
Manoj
Dear Manoj,
Are you ok with the Plot that is given in the Sale Deed?
If you are ok with it, you may just ignore their distractions, go ahead and get the Mutation done in your name.
Kindly submit copy of Sale deed, latest EC which reflects your name, pay property tax dues (if any) and get Patta/Mutation done. This should be fine. Kindly approach the concerned Tahasildar in person and ask for suggestion.
Thank you Sreekanth. Appreciate the advice.
Hi Sreekanth,
We are planning to buy a B katha property, the first owner had given the GPA to second owner which was through notary and not registered. Second owner sold the property through registered sale deed. Please let me know if you see any legal issue in buying or any thing to be cross – verified.
Thanks
Dear Anand ..Suggest you to kindly consult a local civil lawyer.
Related article :
Checklist of Important Property Documents in India | Legal Checklist for Property Purchase
Hi Sreekanth Reddy,
I’m from Guntur district and my uncle bought 7 acres of agriculture land around 15 years back in a village where hardly registrations done and agreement made on a piece of paper. Now the owners are not living in that village and migrated to other places and we have no idea where they are now (even they are alive or passed away). As far as village concerns my uncle cultivating and making lively hood out of it (by the way, my uncle is govt servant as well).
Now, slowly prices are getting high and we are scared about not having proper documents. We are planning to get registration done and also get passbooks as well.
Kindly advice me on what is the procedure and how to get job done.
Regards,
Basha
Dear Basha,
Simple question – What is the legal proof that your uncle owns this land?
Do you have the sale agreement registered?
Kindly apply for EC for the said property and find out in whose name the property currently is in??
Suggest you to kindly get your uncle name recorded in Passbook (Patta) at the earliest.
Related article : All you need to know about Property Encumbrance Certificate (EC)
Hi Srikanth Reddy,
Thanks you for your kind reply.
The answers for
Q1: What is the legal proof that your uncle owns this land?
Anwer: He has a piece of paper agreement (it is on white paper). Is that a legal proof?
Q2: Do you have the sale agreement registered?
Anwer: Apart from a piece of paper, he has nothing registered
Kindly clarify me for the below:
1) What is the eligibility criteria or procedure to get Passbook?
2) What are the other things to be taken care such as property tax etc…?
If you don’t mind may I have your contact number or atleast WhatsApp number
Once again thank you so much Srikanth Reddy for your kind services.
Regards,
Basha
Dear Basha,
Without a property Sale Deed or Sale agreement (registered), it might be tough to get a Passbook and/or property taxes.
Suggest you to approach local Panchayat office immediately and inquire on this.
Thank you Sreekanth Reddy…
Hi Sreekanth,
I bought a house in January 2017. Registration is already completed on my name along with home loan from SBI. I cam to know after seeing the House Tax bill that the name is still with the old owner’s name. I want to change that to mine now. Can you please let me know what to be done here?
I went to municipal office in my town (Proddatur, AP), they said I have to pay Rs.10000 for the change of name as the valuation of the house is Rs.19,80,000.
Can you tell me is that correct amount, because for the name change they are saying this hefty amount. Just want to confirm. And what will be the amount charged generally for name transfer?
Do I have to do alteration of Property Tax or Mutation of Property Tax.
TIA,
Subhash
Dear Subhash,
You may kindly first check if there are any property tax dues, this Rs 10k may include tax dues and penalty (if any) plus mutation charges (name transfer from previous owner to your name).
In case, there are no tax dues then this is definitely an hefty amount which may include ‘under the table’ payment as well.
There were no dues. The pending dues were already cleared. There is a note pasted on the wall in the municipality office and Sub-registrar offices saying for a house valuation from Rs. 10,00,001 to Rs. 25,00,000 the mutation fee amount is Rs.10,000. I have already paid the fee for which I received an acknowledgement receipt for which the amount I paid. I still not believing why Municipality/Government is charging this hefty amount for just a name transfer. Any way that we can confirm this with officials in government?
Dear Subhash,
If you have received a genuine ack receipt then the mentioned quantum of fees may be correct. Yes, this is definitely on the higher side.
Sir, I am an NRI applying for mutation of an inherited flat in Delhi in the names of the two children, based on registered Will.
Why does the Municipal Corporation ask for our passport details and a copy when applying? Is it Mandatory?
Is there any place in the form that they ask for ID?
Clarification will be great. thanks
Dear Savita ji,
The rules may vary from State to State.
I am not sure about the rules applicable in Delhi state.
Suggest you to check with any trusted civil lawyer or local real estate agent on this.
SIR MY FATHER EXPIRED IN 2010, TILL NOW WE DID NOT GET THE PROPERTY MUTUATION ON MY MOTHERS NAME , I’M THE ONLY SON FOR MY PARENTS. NOW I HAVE DECIDED TO CONSTRUCT ADITIONAL FLOORS ON THE EXISITING HOUSE, BUT GHMC IS DENYING IN GIVING THE PERMISSION, STATING THE FACT THAT APPLICANT NAME IS DIFFERENT AND THE OWNER IN DIFFERENT , CAN U ADVISE WHAT TO DO.
Dear MURTHY,
You may get the mutation done in your mother’s name and/or your name.
You may have to submit a copy of sale deed which is in your father’s name, latest EC, death certificate, legal heir(s) certificate or family tree document etc., to get this job done.
Related articles :
* Nominee Vs Legal Heir : Who will inherit (or) own your Assets? | Importance of WILL
* Sale of Inherited (or) Gifted Property & Tax implications on Capital Gains
* All you need to know about Property Encumbrance Certificate (EC)
Sir,
My grand father bought aland 60yrs back and we are enjoying the land.we all the documents and link documents ec and 1-b of the land.my grand father bought land from x and x from y and y from z and z from a.last mutation name is on a .there is no mutation after and now ansesters of is claiming that land as them .this agriculture land .is there any solution for this sir.
Dear vijaya,
I believe that they are just trying to scare you and grab the land.
Be bold and consult a civil lawyer.
Can we sell the non agriculture property(Dwarka,Delhl) which was bought thru power of attorney in 2004 to some third party without doing the mutation as the first party/owner who we bought property from is passed away.Also can successor of first party reclaim that property if mutation is not done on our name. We have will, power of attorney and agreement to sell docs with us but other party is asking us to do the mutation first before purchasing our property.
Dear Sumit,
If the registration has been done in your name then the first party/owner can not claim it back, though mutation has not been done in your name.
Suggest you to approach local civic body (Municipality or corporation), get the mutation done in your name.
You can take latest EC (should have your name as the current owner of the property), Sale deed copy, PoA copy and pay requisite fees and get the mutation done in your name.
Related articles :
How to save Capital Gains Tax on Sale of Land / House Property?
5 ways of transferring your Immovable (or) Real Estate Property
Checklist of Important Property Documents in India | Legal Checklist for Property Purchase
Thanks for your suggestion but can we sell the property without doing mutation?
Dear Sumit,
As it is a non-agri land, should not of an issue.
You can still sell the property (if the buyer is ok with it) without getting mutation done in your name.
Thanks for your suggestion but can we sell the property without doing mutation? We have not done registry of plot yet and all we have is sell agreement, POA and will of first owner.
Dear Sumit,
Kindly consult a civil lawyer in this regard.
Dear Srikanth, I appreciate your article.
We purchased plots from society and we are first registers but havent done mutation, since it is a society it is not transfered in the names of benefecieries. After 10years the plots were removed from Pahani and Written as agricultural land and mutation has done on the whole Land. How to proceed to on this illegal thing in the court.
Dear YJP,
Has the land been converted from agricultural land to residential use originally?
Do you have a copy of the conversion order?
Related article : List of important documents related to Property transactions..
Sir,
I have register the document in gram panchayat office. can I register again in sub-register office?. what is the procedure. Can I get home loan for the document registered in gram panchayat.
Kindly guide me.
Thanks.
Dear Rekha,
Are you referring to ‘mutation’ @ panchayat office?
Bit confused with your query..
Yes. Mutation have dine in the gram panchayat office.
Dear Rekha,
Without getting the property registered in Sub-registrar office, how can one get it mutated in panchayat office??
Sounds something is wrong here.
Suggest you to kindly consult a trusted local civil lawyer.
Read: List of important property documents..
Thanks for valuable suggestion Sir.
sir,
i am purchaged a flat nalgonda municipality in 2016,when the buying the flat we take sbi house loan.now i consult the municipal office for my flat mutation they tell during bank loan of property,not do the mutation,i have xerox copies of all sale deeds ,how to take mutation,how much charges for mutation pls Reply to me
Dear Ram,
If you take EC now, you will get the property leased to so and so bank detail in EC.
So, probably the municipality office staff is saying that they can not mutate the title in your name now.
But, I believe that one can get the mutation done even the property is on loan.
Kindly check with your banker as well.
Hi,
I had purchased a 2 story building back in 2011. The 2 story building was purchased as joint owners with me buying the ground floor and my partner(relative) buying the first floor. However , we did not apply for the name transfer partly because we were out of station for few years and partlty we were confused as to how to transfer the property from a single owner to two persons. I am planning apply for the name transfer shortly specially after reading your article. Kindly help providing your comments on
1) what is the procedure in case of transferring a property from a single owner to 2 persons? (where the land and property has been registered against myself and another person with equal Undivided share.)
2) Will there be a penalty for applying the name transfer after a gap of 7 years..? If yes how much will that be.
Thanks,
Anthony
Dear Anthony,
1 – Are you planning to bifurcate the property. Meanining, mutation done individually. If this is done, you may get two property numbers for two owners and two different Khata/Patta/Mutation records. For this, you need to check with local civic body office (Municipality/Corporation/Panchayat office) if its possible (bifurcation). In case, you just need to get mutation done jointly (in both names) with one property number then it can be a very easy process.
2 – You may have to clear the property tax dues with penalty for the past years and then apply for mutation. Kindly contact the civic body office.
Sir,
We own around 52 guntas of ancestral agricultural land in Mysore. My aged mother passed away about a year ago. My father passed away many, many years ago. We are only two sons to our parents. I live in a town far from my village. My brother lives in the same village and has created a mutation registry (after my mother’s death) showing himself and me as joint owners of the 52 guntas of land. He did this without my knowledge. My brother also passed away around 4 months ago. Now his wife is not willing to sign any papers. How do I own my part of the land (26 guntas) and hand them over to my children?
Thank you in advance for a reply.
Mahadevaiah.
Dear Mahadevaiah ..Kindly refer to FB chat with Xavier DP.
Dear Sir,
If the ancestral property is sold without the consent of successors and registered in the registering authority, upto which period successors can claim for the rights.
This matter is agriculture land in Haryana-Dist.Sonipat, Village-Pai, Tehsil-Kharkhoda, our two uncle(Chacha’s) shows registry after will of grandfather’s land. Our grandfather five sons as per our will. He misuse of this agriculture land sale plots after registry. I want to know that transfer the property to all 5 members/owners of the land.
The ROR shows in our Grandfather’s names.
please suggest what we have do?
Dear Virender ..I dont think there is any time-line (limit) on this.
You may consult a civil lawyer and take next step.
Dear Srikanth,
We have 4 acres of agriculture land in our native near to Mysore. But, the first party by name Laxmamma has passed several year back who sold the property with all the sale documents. And now her son has got the RTC by his name and he is not willing to transfer the same to us. Kindly, advise what is our next procedure to be done.
Dear Rajesh ..If you the property is registered in your name and you have valid documents, you may visit the concerned Panchayat office and get the mutation done. There is no need to get approval or no objection certificate from the previous owner/his legal heirs.
Dear Sreekanth,
Many thanks for the informative post and for helping so many folks with their queries. I request your advise on the following:
My father owned a self-acquired property in Bangalore and passed away an year ago. We had not applied for mutation of the property to my mother till few weeks ago. A few days after we applied for mutation, a fraudster visited our house when I was away, posed as a policeman in mufti and he has taken my father’s death certificate from my mother. We inquired later in the jurisdictional police station and came to know that they never sent anyone to our house to get the death certificate.
Since the mutation is still not done, is there a chance that this person can play fraud using the death certificate and intervene in the mutation process, like transferring the property in revenue records to his name? What could be our course of action now? Please advise.
Dear Raghu,
One has to submit Legal heir certificate too, to get the mutation done.
But we all know, anything is possible in our country.
Suggest you to just file an FIR in police station that you lost Death certificate (find out if this is possible).
Then, apply for death certificate again and then get mutation done ASAP.
Dear Sir,
This matter is agriculture land in Haryana-Dist.Sonipat, Village-Pai, Tehsil-Kharkhoda, our two uncle(Chaha’s) shows registry after will of grandfather’s land. Our grandfather five sons instead of two. He misuse of this agriculture land sale plots after registry. I want to know that transfer to all members/owners of the land. The Nakal/Fard shows in his names but the govt. site jamabandhi.nic.in shows Grandfather name if I have open this nakal shows uncle name. please suggest what we have do.
Dear Virender,
Apologies, I am unable to understand your query.
Suggest you to take help of a civil lawyer in this regard.
Dear experts,
What are the procedures to be followed in case of mutation of property if there is no original seal deed.
Dear sreenath,
Generally the civic body offices ask for a copy of Sale deed.
In case, you lost the Original Sale deed, you may get a Certified one.
Read : How to get Certified copy of lost Sale deed?
SIR AM SURENDER FROM PEDDAPALLY DIST TELANGANA STATE
SIR I PURCHASED 17 ACRE AGRICULTURE LAND.
IN AUG 2016 AND REGISTERED 2017 JAN .
AND MUTATION AND PATTA TITLE BOOK AND ONLINE 1B PAHANI ALSO COMPLETED.
BUT THE LAND UP TO NOW NOT CULTIVATING.
WHEN I COMPLETED MY MUTATION YESTERDAY AFTER RAIN AM GO TO CULTIVATING THE LAND ,
THEN SOME SC PEOPLE CAME THERE AND TELLING THE LAND BELONGS TO THEM,
IN 1999 THE GOVERNMENT REGISTERED TO THEM, FROM THE EX OWNER OF LAND ,
BUT IN EC THERE IS NO NAMES OF THEM, AND REVENUE RECORD ALSO NO NAMES OF THEM BEFORE I PURCHASE . THERE IS EX OWNER NAME IS SHOW, AFTER MY REGISTRATION NOW MY NAME IN REVENUE ALL RECORDS,
BUT THE SC CORPORATION RECORDS SHOWING NAME OF THEM , AND PAYMENT ALSO COMPLETED TO EX OWNER ,
BUT IN EC THERE IS NO NAMES OF THEM,
THEY HAVEN’T ANY DOCUMENTS, BUT ONLY IN SC CORPORATION THEIR NAMES SHOWING,
HOW IT POSSIBLE ONCE THE DOCUMENT IS REGISTERED THE DOCUMENT MUST IN EC BUT THERE IS NO RECORD OF THEM IN REGISTRATION DEPARTMENT EC
BUT SHOWING IN SC CORPORATION,
NOW WHAT IS MY POSITION SIR AM THE OWNER OF THE LAND OR NOT ,
THEY HAVEN’T ANY DOCUMENTS
AM HAVE ALL DOCUMENTS,
WHO IS THE OWNER SIR GIVE ME VALUABLE INFORMATION SIR
I NOT READY FOR LEAVE THE LAND
WHAT IS MY POSITION SIR ,
THANKS SIR
Dear SURENDER,
Mostly, looks like this is a planned game!
Suggest you to consult a trusted Civl lawyer immediately and take advice.
What does your ex-owner say on this issue?
Hi Sir,
I have 16 Lakhs savings with me and planning to buy a plot it will get rents of 15k per month. could you please tell me it will be best investment?
My doubts :-
If I do fixed deposit in bank 16Lakhs will get 16K per month
If I buy house it will be best idea?
Dear uday,
Are you planning to rent out Vacant plot?
May I know your financial goals?
Are you investing in any investment products?
Kindly read :
What is Real rate of return?
Why it is advisable not to invest in FDs/RDs for longer period..
Hi Sir,
We r Cultivating in Govt land since 25 yrs it has totally 10 Acres, in that we are using 4 Acres rest of Karab land, now can we get mutation of 4 acres of Govt land, if it’s possible can u suggest how could it get mutation…Thakns
To obtain legal title of property given to six sons by late father’s will. MCD letter covers mutation for purpose of property tax and does not devolve legal title
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Hi sreekanth reddy garu, Very useful information providing Thanks for the same. Here my self has been adopted by my mothers father and the properties transferred on my name ( i.e with mothers father surname). But my all certificates and other Govt proofs are with my fathers surname. That means name is same but sur name is different. Here the problem is with my land records, as my AADHAR and others are registered with Fathers Surname, But the revenue departments required my AADHAR for my properties ( mothers father Properties, which surname is different). For your information I had a certificate of adoption from the thaslidar ( In certificate mentioned mothers father surname).
How to submit my relevant proofs for this issue. Please advise.
Dear .. You can get the name corrected in your Aadhar..
Dear Mr. Reddy Thanks in advance for the valueable information.
I am willing to purchase a rajasthan housing board plot 0f size 40*60 in jaipur. The Plot is in the name of sellers (3 sons) father who passed away in 2005 He is the first allotte . The seller has death certificate of father and mother but no legal hier certificate. Does the seller has rights to do a registered sale deed of the property in favour of me without the legal hier certificate or he has to fist get the name transfer (mutation) done in his name at rajasthan housing board.
Dear Neeraj,
You may ask the sellers to get Mutation transfer done in all four names (to get this done, corporation will ask for legal heir certificate).
And you may buy from them and make sure all four them sign the Sale deed.
A person is having two sale deeds of different years but Khatha number for both the properties is shown as one number only. i.e, sale deed property 1988, the khatha No. is 1088 and sale deed property of 2001 is also given the same khatha no. 1088. How this could be and how Revenue department could allot same khatha number. Please clarify.
Dear Bartho ..You need to check with the concerned Revenue office..
My uncle purchased land and constructed house in 1980s. Now the house is in his name and died intestate in 2000s. Still the name is not changed. He is a government employee. Please advise the procedure for mutation on his wife’s name. Is there any charges for mutation from husband to wife in the event of death of husband?
Dear KRISHNA ..The related charges would be very nominal. Kindly visit the local civic body office (Panchayat/Municipality/Corporation) and apply for Mutation. You may have to submit a copy of Death certificate, Legal heir certificate, copy of sale deed etc.,
Are there any other legal heirs?
Suggested reading:
What is ancestral property?
Hi Sreekanth Sir,
I have purchased a 30*40 plot in bangalore in 2008. But failed to complete the Khata transfer. Come to know that since 2013 panchayat is not doing khata transfer. Now come to know that the name of the owner is changed in Pahani (RTC) who sold the plots to us to some other person by AC court bangalore. Please let me know what can be done now. How can I get my name in the RTC (Pahani). Regards,
Krishna
Dear Krishna,
I believe that you can get e-Khata done. Kindly visit your Panchayat office and inquire about possibility of getting e-Khata..
Very good information, Thanks alot for your article and the comments section with advises too.
This is a very useful post. I was looking for detailed knowledge on property mutation for a long time. confusion between property registration and mutation is quite clear now.
I’ll try to share this post with your reference. Thanks a lot Sir.
Hi, I have bought a land of 2 kottah 15 sq ft. with a one storied building on 735 sq ft in Kolkata,West Bengal. As per deed the purchase price is Rs. 3120000. Now, I had gone for mutation of the land in the local municipality office. The hearing officer is saying that I have to pay Rs. 31,200 as mutation fee. Can you please suggest me is it really cost that much and what is the calculation of mutation fee. Please help. I really need some immediate input.
Dear Apu,
I believe that you can get Mutation done through KMC portal.
Go through this document..click here..
Also, go through this link and check out Question no 8 on fee details.
I have Purchased a flat in Residential Housing Societies in Raipur.After Verication of record it is found that Personal Land Contributed by the parther in capital of firm. In Mutation Record Land is in the name of Partner, not in the name of firm.A simple non registered notarised paper given by one of the other partner that it is mutal Decided verbally that land taken in the form as xcapital of the partner,means mere book entry. One other partner of the firm sold the property by registered sale deed to me. My question is if the Land not transfered without registered sale deed than how the firm has right to sold the flat constructed in that land.Also the land not registered for saving of Stamp duty & Capital Gain Tax. Than how my name recorded in Mutation Record? Also Sale deed not signed by the Land owner.Can I approch to Collector in this matter that the Builder not registered sale deed due to saving of Stamp Duty?
Dear Suman,
Suggest you to kindly first take legal advice from a civil lawyer and then proceed accordingly.
well,It’s helpful document preparation .Thank’s a lot : (
Hello Good Morning everyone,
I have bought one flat from one of the owner and have done registry but didn’t took mutation form. Now government has stopped my house from selling as the seller was having two houses on his name in GDA. I need to sell my house due to finance crises. Please let me know what should I do. Thanks in advance.
Dear Saurabh ..Kindly consult a lawyer.
Hi Sreekanth,
You’ve doing a great job and helping people like me who are naive in property dealing.. !
Here I have a query and need your expert advice. I have bought a 30*40 BIAPPA approved plot in Doddaballapur, North Bangalore about 2 years ago (It’s a newly developed layout). In the E khata Certificate the dimension mentioned is east to west 40 and north to south 30. However the actual dimension is east to west 30 and north to south 40. Though it’s been mentioned correctly in sale deed and the error is only in khata certificate. Pls help how I can get this corrected as I’m planning to sell the property and the potential buyer is asking me to get it corrected. Also like to inform you that i have borrowed loan for this property and the original sale deed is in the bank.
Please advice..
Dear Imtiyaz ..You can get the details in Khatha corrected. Kindly visit the concerned Panchayat office and get it done.
Enclose latest copy of EC, copy of your sale deed, latest property tax receipt etc.,
Recently bought a property by taking plot loan from bank. Now when I have initiated the transfer of Record they are asking for original title deed which I have to show . But the problem is that the original title deed is taken by the bank. Is there any way to sort it out.
Dear Arka,
As far as I know, a copy of latest Sale deed is required. Not sure, why do they want the original title deed??
Kindly check if latest EC is ok?
Hi Sreekanth,
We have a 60X40 Plot in bangalore on my father’s name, this can divided into two 30X40 plots. Is this now possible to sell the one 30X40 plot to another buyer..!? Or will it create any problem to us in future.
Regards,
Rohith
Dear Rohith..It is possible to bifurcate and sell a portion of a bigger plot (each plot size should be minimum 600 sq ft).
You can apply for Khata bifurcation for both the plots and then can consider selling one portion.
hello sir
My name is dev tiwari, currently living in NAINITAL (UTTARAKHAND) I have agricultural land in Bihar, on the name of my great grandfather, the taxes are still being paid on his name only, his grandchildren, means my father and his siblings had distributed the land peacefully, my father had passed away and my mother doesn’t have any objection and she is ready to give NOC. Now I want to update all the land which are in my account on my name.
please tell me what is the procedure to do the same.
thank you
Dear Dev,
I believe that your mother has to execute a Relinquishment Deed, and you can submit legal heir certificate along with copy of ‘Family settlement deed’ to local Revenue office / Municipality / Corporation office and can get transfer of title to your name.
Hi, In the Khata image, I see that there are 2 names and one name is rounded in red. What does it mean? Does the property belong to both Ramachandra and Sreekanth Reddy?
Please reply.
Dear Priya,
Ramachandra is the seller..
If purchase an agriculture land what type of precautions and what type of duties plz tell…if suppose one person said that…half acre of land available…and that land was 15 years agreement is there..they said
1) plantation is there..15 years agreement ..
2) 3 years after income is found…after 15 years you’ll handover your land…these 15 years..if you have any buit house is also ok…
BUT PLEASE TELL ME I HAVE A DOUBT…IT IS GENUINE OR FRAUD….REGISTRATION WAS SPOT BUT AFTER 15 YEars agreement
Dear Pavan..Kindly consult a local and trusted civil lawyer.
Hi Sreekanth,
This is with regard to muslim property. Owner of the property is dead and has four legal heirs (Wife, two daughters and one son). All the legal heirs opinate that property should be governed by the next head of the family .i.e. deceased wife. (mother of all 3 childrens).
1. Is mutation the route to transfer the property title?
2. Is legal hiers certificate needed, if yes, can you provide some links on – how to get legal heirs certificate in hyderabad – Telangana.
3. Can Hiba (Oral will – notarized) can be used for getting the property title transfer?
Thank you for your help in advance.
Regards
Mohammed
Dear Mohammed,
Do you mean to say that the children want to relinquish their ownership shares in the property to mother, who then would be a sole owner of the property??
You can obtain a Legal Heir / Succession Certificate through your Taluk / Thasildhar or through the District Civil Court of your area.
Hi Sreekanth,
This is with regard to a muslim property. Owner of the property is dead and has four legal heirs (Wife, two daughters and 1 son). Property is registered and all the legal heirs want this property to governed by single owner .i.e. mother.
1. Is mutation the route?
2. Is legal heirs certificate- necessary, if yes can you provide the link for getting legal heirs certificate (Hyderabad)
3. Can HIBA we used, instead of legal heirs certificate.
Thank you for your help in advance.
Regards
Mohammed
Dear Sreekanth,
I stumbled upon your website searching for some information. I am not an expert on any of this, so any advise will be much appreciated.
My father in law has a residential plot in Punjab near Jalandhar. He bought it way back in 1979.
He would like to sell it to a potential buyer. He now resides in the UK and has asked me to take the responsibility of selling this. But I have no idea where to start. I have no idea if he has a copy of Sale Deed or Document of Mutation. And even if he has, I dont know what it would look like.
Assuming he has neither, how can I get hold of them?
He has some documents to do with the Property, but not sure if they are considered as Sale Deed or Document of Mutation as they are in Punjabi.
So assuming I have nothing, how do we go about selling this Property?
My father in law is unable to travel, so him coming to India is a complete no-no.
Thank you for your time.
Dear Abhay,
Suggest you to first kindly check if he has any documents or not.
As you are saying there are some documents, you may also try to take help of a trusted real estate agent or any local Civil lawyer to understand about the documents that you currently have.
SIR AM RAVI FROM KARIMNAGAR
I PURCHASED 10 ACRE AGRICULTURE LAND . REGISTERED AND MUTATION ALSO DONE.
WHEN I PURCHASE THE LAND THEN IT NOT CULTIVATING , THERE ARE FULL BIG TREES LIKE FOREST,
AFTER I PURCHASED I REMOVE THE TREES AND NOW FOR CULTIVATING ,
NOW SOME PEOPLES COME AND THEY SAYING THE LAND BELONGS TO THEM,
GOVERNMENT ALLOTTED FOR THEM IN YEAR OF 2000, AND REGISTERED FOR THEM IN 2000
BUT THEY HAVEN’T PAHANI 1B AND TITLE DEED AND PASS BOOK ALSO AND NOT CULTIVATING THAT , THEY HAVEN’T MUTATION,
BUT BEFORE AM PURCHASE THE LAND AM CHECK IN EC THERE IS NO NAMES OF THEM ,
AND NO PAHANI . 1B ALSO IN REVENUE RECORDS, THE NAME IS SALED PERSON,
WHEN I ASKING WHO SALED ME , HE SAYING
IN 2000 YEAR THE GOVERNMENT ASKING ME THE FOR POOR PEOPLE I PURCHASE FROM ME PER ACRE 20000,
THEN I REGISTERED TO THEM BUT GOVENRMENT NOT PAY THE AMOUNT TO ME ,
THEN AM CANCEL THE REGISTRATION OF THEM,
THATS WHY THERE IS NO RECORD IN EC ,
BUT I DONT KNOW SIR , THEY HAVE ANY REGISTERED DOCUMENTS ,
IN REVENUE RECORDS THEY HAVENT ANY NAMES
BUT THAY ARE SAYING THE LAND BELONGS TO THEM
BEFORE I PURCHASE THE LANG AM CONSULT REVENUE DEPARTMENT ALSO THEY SAID IT WAS CLEAR ,
THEN AM GO TO EC, THERE NO NAMES OTHER THERE IS ALSO CLEAR,
THEN I FORWARD FOR PURCHASE
BUT NOW IT IS SHOCK TO ME
AM COMPLETED MUTATION ALSO,
SIR NOW WHAT CAN I DO
GIVE ME HELP FULL INFORMATION,
I DONT WANT TO GIVE THE TO THEM.
I HAVE ALL DOCUMENTS CLEARLY ;
UPTO TODAY EC ALSO SHOWING MY NAME ‘
THERE NO NAMES OF THEM SIR’
Dear RAVI,
What is your ex-owner saying to this development?
If you have all documents in your name, kindly do not worry.
Just be bold and take legal advice if things get worse.
My Grandfather purchased a property in West Bengal. The mutation of the property was done in the name of his 4 siblings one of which is my mother. After this 2 of the siblings passed away and their spouses are claiming their right on the property to be equal shareholders. One of the spouses does have the mutation in her name (Lets say Spouse A) while I am unsure if the other spouse (Spouse B) does. All the other shareholders are repeatedly requesting ‘Spouse B’ to produce her Mutation Copy so that the property can be sold without any hindrance. Spouse B is consistently DELAYING the submission of the mutation copy. Also the buyer got Porcha from the Land Revenue Department which does not show the name of Spouse B, It only shows the name of Spouse B’s Husband. This creates a doubt if Spouse B ever did a mutation (Reason: The sibling who passed away due to unnatural death had two wives, Spouse B being one of them however one wife passed away).
I would like to know if in case mutation is not done at all by Spouse B, can the rest of the Shareholders claim the whole property and discard Spouse B’s right on the property? As we all are in critical financial crunch and need the money coming from the sale of the property?
Can Spouse be hod us back from selling the property even if her name is no where in the Porcha and she is reluctant in either submitting the mutation or do the mutation or does not have the documents required to do the mutation?
Dear Adina,
You may suggest your Mother to apply for Mutation extract from the concerned civic body office (panchayat/municipality/corporation) to know whether the transfer has actually happened or not.
Even if the mutation is done, all the legal heirs of your grand father will have ownership share in the property (if he has not left any WILL).
What happens if Spouse B has not done the mutation and is reluctant to do so which is holding back all other Shareholders from selling off the property. As the Porcha clearly states mutation has not been done neither there is a will left by the son of my Grandfather. The son had 2 wives (Spouse A & Spouse B). Only the sons name reflects on the Porcha but he passed away without a WILL and neither of the Spouses have done a mutation. Do they still hold a legal right on the property.
Dear Adina,
All the legal heirs will have share in the property.
SIR AM DEVENDHER
IN 2001 THE GOVERNMENT GIVEN LAND REGISTRATION FOR ME 2 ACRE.
BUT AM NOT MUTATION THAT STILL NOW AND NOT CULTIVATED THAT STILL NOW ,
IN REVENUE RECORD THE OLD OWNER NAME DISPLAYING, AND HE SOLD THE NOW TO ANOTHER ONE, AND HE CULTIVATING THE LAND, BUT HE REGISTERED FROM ONETHER SUB REGISTER OFFICE ,
IS MY REGISTRATION DOCUMENT VALID STILL NOW , CAN I MUTATION THE LAND
IS ANY LIMIT TIME FOR REGISTRATION DOCUMENTS,
IS ANY LIMIT TIME FOR MUTATION
WHAT IS THE PROCESS FOR GET THE LAND PLEASE GIVE ME A VALUABLE INFORMATION ,
Dear DEVENDHER,
If you have a valid & legal Sale deed and the land is registered in your name, kindly do not worry.
You may still go ahead now and get mutation/patta done in your name. There is no time-limit as such.
sir the land registered to other person , and he done mutation and cultivating . now in revenue records also his name is showing , then it possible for my mutation sir,
SIR
is it possible to change the mutation of him
Oh is it?
Then you may to take Legal action at the earliest. Suggest you to take help of a civil lawyer.
Hello Sreekanth. Thanks for this very informative post!
I wanted to check with you regarding a flat in Bangalore which is registered under my dad’s name. I had funded the flat but we had it registered under his name as I was out of the country. My dad says he will make me a nominee and also add my name to his will. I have a brother and a sister and want to make sure we dont run into any legal hassles regarding the ownership of the flat in the future. Is it possible for us to have my name added to the registration so we become joint owners? If so, what is the procedure for the same and how much would it cost?
Dear Umesh,
Suggest you to go through this article : 5 ways of transferring a Real Estate property!
Dear Sri Kanth,
I am having all the documents but some how it entered in meebhoomi site with some others name and katha number and my doubt is if we apply Mutation will that also be changed. i am having all the hard copy documents. And i am from Andhra Pradesh.
Thanks,
Raju.
Dear Raju ..I am unable to understand your query ???
Dear Srinkanth,
I just read your post on Mutation and thought you are best person who can resolve my doubt.
I purchased a piece(100 sq. yd) of land from Builder in 2012 at Aligarh , U.P and got registered in Aligarh (Khair) tehsil on 2014.
Builder’s lawyer told me that mutation can’t be done now as they have purchased this land from Farmer and got converted to non agricultural land.
Its only can be mutated , if you construct house and start living there and apply for Electricity / Water Connection.
Please clarify me whether Builder lawyer is telling the truth and what i ned to done to safeguard my property as my view is without mutation builder can sell this piece of land
to any other party.
Thanks
Ashish Srivastava
Dear Ashish,
As far as I know, one can get mutation done even for vacant plots. You may consult a different civil lawyer and get second opinion on this.
Hi Sreekanth,
We are totally Four Kids, 2 daughters and 2 sons to my Father. My Father was a farmer, and his brothers were employees, he thought it may be useful for us in future, my Elder sister has fathers name as one of his brothers name in the records(School Certificates, Academic certificates), Similarly my second sister and my self has another brothers name as our father name in the records(School Certificates, Academic certificates). Only my younger brother has my fathers name in his records(School Certificatets, Academic Certificates). My Father did not do any Dattatha function or any legal document registration, stating that his children are children to their brothers.
My Query is, My Father has 4 acres of Land property. 2 acres on his name and 2 acres on his wife name(my mother). Now My Father wants to give the property of his wife’s name(my mother) to me. Since my Academic records did not show my Fathers name. I have his brothers name as my Father in records. What is the correct procedure to get it registered. Kindly let me know the options.
Dear Arun,
Is this the case in all other valid documents like Aadhar / PAN etc?
The property in your Mother’s name can be gifted to you through a Gift deed.
Read: Gifts & income tax implications.
Kindly get this deed prepared by a civil lawyer.
Hi Srikanth,
In all the documents like Aadhaar, PAN, Passport in every documents, i have only my uncle name and auntys name as my Father and mother.
Dear Arun,
Oh is it!
I believe that the best way could be, your mother can first gift the property to your father’s brother (uncle) and then he can gift it to you.
As suggested, kindly consult a lawyer.
Hi Sreekant,
Good Day!
I have a property which I bought in Mar 2016. This property comes Under GDA. It has around 5 registry chains before me. The problem is none of the owner in any registry chain has done its mutation. I have taken loan from HDFC bank and they have disbursed at that time. But they are not deducting my EMI, instead they are deducting just the interest part of it. They are saying that they will start deducting EMI only if I submit mutation letter to them.
Since, it has 5 registry chains, the lawyer at GDA is saying that you need to provide mutation of all the members of in the registry chain. Then only we would be able to do your mutation.
I am just screwed up now. I can’t even sell that now, the registry papers are with the bank and I have a loan.
Is there any provision where I can do something about it. Or, is there any bank which can do a balance transfer of my existing loan without mutation letter.
I can do anything to get this resolved, but the issue is I don’t know any alternative solution. Please suggest.
Dear Satya,
I believe that if sale deed has your name, you can pay all the tax dues at GDA and get the mutation done in your name.
Looks like they may be expecting some EXTRAAAA payment to get this done.
Paying exTRA would not be an issue, I’ll check for the same as how much they have an ask for.
Thanks Sreekanth.
Hi sreekanth, thanks for helping people with this information. please help me with the below query.
we have a court case going on currently, below is the detailed information on how it is .
1) patta records of the land which belongs to us was changed to some(xyz) names by xyz person and unfortunately we have no clue of this change for almost 16 years and we didn’t checked the records.
2) now xyz have filed a suit against us claiming, the records shows their name as the owner of the land and it belongs to them.
3) but we are holding the land and cultivating for the last 50 years.
4) they dont have any land sale deed or registration documents.
So , what are the chances that xyz will get benefited with the court decision, and what we need to do to correct the patta records again on our name.
Thanks in advance , please help us providing all information possible.
Dear Abhi,
By merely having name recorded in Patta, they can not become the Owners of the property/land.
You may have to sort this out legally and let the court order in your favor.
Once it is done, you may get the mutation done in your name(s).
All the best!
Dear Sreekanth,
I really appreciate your efforts and prompt replies that you’re helping community with the queries which is really hard to find the information else where.
I have a quick question. I have purchased house 3 years back and registered under my mom’s name and she did registered WILL under my name and she recently passed away. Electricity and water bills are still under her name but I recently able to transfer tax bills under my name.
I wanted to know the procedure and process to transfer property under my name through WILL DEED( registered in revenue officer).
Many many thanks in advance.
Thanks
Dear Fahed,
Thank you for your appreciation 🙂
Your query is bit confusing. You are saying that she did registered WILL in your name? So, may I know your exact query? Kindly rephrase it??
Dear Sreekanth,
Sorry for the confusion.
I did purchased a house 2 years back and it was registered under my mother’s name ans she recently passed away but my mom did wrote WILL DEED mentioning that I will be the owner of the property after her dismiss ( aa standard WILL DEED does) and this WILL DEED was registered at sub registrar office. Still my mom’s name appears as owner in the EC and I want to update my nameas a owner in the EC. Since my mom passed away, I would like to transfer property under my name in EC and other official documents. I would like to know best and easiest way to transfer property under my name.
I could able to update my name in Tax dept and did payed and I have a up to date receipts.
Many thanks.
Dear Fahed,
Looks like you are referring to WILL.
If you are the sole legal heir, you naturally inherit the property. You have to get the mutation done.
“The legal heir(s) have to apply for ‘Legal heir certificate’ at local civic body office. One needs to indicate all the Class-I heirs left behind by the deceased, their age, their relationship with the deceased (i.e. wife, son, daughter, mother etc.). The said Application should be accompanied by the Death Certificate.
After making inquiries, the Tahasildhar or revenue officer will issue the legal heir certificate.
On the basis of the said legal heir certificate, the legal heir(s) have to approach the Civic Authorities for mutation of the property in their name(s).”
Will do. Thanks a million again.
God bless you.
Dear Sreekanth,
I have applied for mutation of my newly purchased flat in April 2016. After submission of form and money, we received a letter from the MCD office. Where they asked for certain clarification and missing document. We immediately provided all the required clarification and also documents but till date we have not heard anything about the Mutation. Could you please tell me where should I lodged a complain regarding the delay?
Dear shekhar,
Try visiting the MCD office to get the details.
Else, You can file RTI request on the concerned civic body office.
Dear Sreekanth,
We’ve taken a mortgage loan on our home that is on my father’s name. My father passed away last year and the bank is asking for a mutation certification. I’ve got the legal heir certificate. When we approached our affiliated panchayat they’re saying the registration has to be done. Can you please advice if we need to re-register the property in regn office to apply for the mutation certificate?
Or
Legal Heir certificate, present sale deed copy ( that’s on father name) is sufficient?
I belong to Hyderabad.
Dear raghu,
No, registration of property again (in your case as you are a legal heir) is not required. May be, are they expecting something EXTRA? 🙂
Hi Sreekanth ,
My grandfather purchased a land with his name and his second wife name(not married ).both 3 people (my grandfather and my grandmother and her) were lived together.my grandfather has only one son.My grandfather died few years ago without any will.now my grandfather wife telling that she sold her half part land and Now the title of whole property is changed to the person who purchased it from her.
Here I have few questions.
1.How can she sold the part without NOC from my father?
2.How can that property is registered on that person name ?
3.how can the department change the title of ownership from my grandfather name to his name?
4.all the debts on that land ,property taxes all are paid by my father.
What procedure I should follow to get that property tranfer to my father?
What documents are required to declare the legal heirs fosr that property?
if we consider this as partnership of my grandfather and her then how can she sold that property without telling to us?
What are the chances to get that property.?
We need that property as my father didn’t saved anything for my sister marriage .whatever he earned he gave it to his parents and loans .
Could you please help me on this .Appreciate your help.
Thanks,
Bhanu
Dear Bhanu,
May I know when did she sell the property? (was it after the demise of your grandpa or before?)
I believe that she can sell her share in the property. But mutation can not happen for the entire property.
Kindly understand the difference between Property registration & mutation.
Suggest you to kindly apply for Encumbrance certificate on the property and find out on whose name the entire property is in? If she has sold only her share then the property can have two owners for separate shares.
You can apply for legal heir certificate in Tahsildar office (local revenue office) and I also believe that your father has every right on the remaining share of the property.
If possible, do take legal consultation with a lawyer as well.
Hello Good Evening:
My father brought a piece of land from a seller some 30 years back in vizag and in the sale agreement papers it is written as “now we are unable to register because urban land ceiling act verification is not done, so please register after some time.” At that time they due to some reasons, could not register the documents but paid stamp duty. So, does this mean that our piece of land is under government control or it belongs to us. Please reply to this question.
Thanx.
Dear Prasad..The best person can be a local senior civil lawyer, who can provide more details on this matter.
Hi Sreekanth,
Will there be any change in Katha number once we bought the land from others.
I mean earlier the katha number was 21, now we brought this property and we have taken katha extract and also my dad is paying property tax for it. But still the katha number remains 21.
Is that OK. or it should get change..!?
Could you please clarify on this..!
Dear Rohith,
Unless the format is changed by local civic body the number will not change by mere transfer among the parties.
I have done agreement of 2200 square feet but mutation is not possible of 2200 square feet
Is seller liable to return 111000₹ agreement money
Hello Sir,
My father-in-law purchased house 35 years back. Unfortunately he could not registered it and expired but he wrote a will in white paper to my mother-in-law. Now for the past 35 years my mother-in-law is paying the property tax, electricity bills, and water bills on her name. So, now we want to register this house in my mother-in-law’s name. The documents we got right now is “sale agreement” between buyer and seller and the will. So, cud u pls tell me can we register in my mother-in-law’s name without any complications and it cost roughly how many lakhs? the market value of this house property right now is 1 crore. and the seller’s details are not clear to us as it is 35 years ago.
Dear krishna,
If the property is not registered in your Father-in-law’s name or Mother-in-law’s name, how is it possible to have your MIL’s name on property tax and utility bills?
Suggest you to take Encumbrance Certificate (may be a manual one) and can find out the owner’s name.
Hello Sreekanth:
My mother-in-law is paying property tax for the past 35 years and this has her name in it. It clearly states that this property is either registered in her name or my father-in-law name right?
Dear krishna ..That’s why it is advisable to take EC on this property and we can get to know the owner’s name through it.
Hi Sreekanth:
I checked EC through online and its not showing EC details. Its showing as registration is not done. What does this convey?
Thanks
Dear krishna,
For how many years have you taken EC search?
My suggestion would be to take >35 years EC by visiting your Sub-registrar office (mostly they may have to do manual EC search as the duration is > 30 years).
Hello Sreekanth,
A property was registered in my name as a gift deed from my parents 25 yrs back.But the property documents are held by them ever since .The tax bills are issued in my name but paid by them and they have no intention of giving the documents back although I’m very much in need of it now.What should I do ?Can I transfer it to my daughter without having the documents ?
Dear suja,
That’s surprising to know!
Why are they holding it back with them?
You can get a copy of Gift Deed from the Sub-Registrar office.
Because I’m divorced and dont agree to their many conditions such as marrying my girl to somebody they suggest. They dont want me to take control over the property and thereby gain anything from it.I have never asked it,but now its time to apply for an education loan as my daughter wants to pursue her higher studies .
I know its strange , but unfortunately they are all barbaric Muslims with wealth and power 🙁
Can I apply for a copy and use it to sell/take loan whilst the original documents are still possessed by them.? Pls help.
Dear suja,
Oh no, I am sorry for that!
Yes, you can apply for a copy of Registered sale deed.
It can be a lengthy and tedious task.
You have to first lodge FIR compliant that you have lost the gift deed. Also, have to publish notice in news paper.
And then you can request for a copy of Deed at SRO.You may have to pay nominal charges to get a copy.
But some banks may not very comfortable to give loans based on copy of a Deed.
Many Thanks for the reply Sreekanth.Can I use the copy to transfer it to my daughters name ?and after having a Copy of it ,what if they come up with the original? Does it have any validity ??
Dear Suja,
Yes, you can transfer it to your daughter’s name.
Even if they come up with the original,it is in your name only, am I right?
So, I believe it is good for you so that you can ask for the originals (as your case is a genuine one). (You can as well say that they found your lost documents).
All the best mam!
Dear sir, a few days back my father’s property land has been transferred to me through a gift deed. 6 months back an old house on this land was demolished but we are paying Property tax, Water tax & electricity bills regularly. Now can I transfer all these to my name. waiting for your reply.
Thank you, U Sreekanth, Ongole
Dear U Sreekant..Yes, you can get all of them transferred on to your name.
You may have to submit copy of Gift deed, last paid bills, NOC by your father etc.,
Gift deed is already in son’s name and still NOC is required from father to do mutation of the bills to son’s name ?
pl do answer my below questions:
1. if gift deed is done to multiple people ( son1 ,son2 & mother ) , can mutation be done to only one person i.e mother and all the bills electricity , water and property tax be with one person name i.e mother ?
2. will there be any consequences if we hold mutation after the executed gift deed by father to his sons and wife ? how long can we hold initiation of mutation with local civic bodies ?
3. to sell the property to third party in future after the above executed gift deed case , does signature of son1 , son2 and mother is mandatory ? or only one of those 3 members is enough ?
note : property is under gram panchayat.
Dear Sravan,
NOC is not compulsory. But it can vary from State to State.
1 – It can be done on multiple names too.
2 – Better to get it done ASAP.
3 – The prospective buyer will ask for the signatures of all the parties.
for point 1 : hope its not mandatory to have the mutation done to multiple names ? it can be any one of the three people who are listed in the gift deed ?
one more question:
4. are there any other points to be taken care of while doing this transaction such as mention/ not mention PAN number, ..etc so that tax implications can be avoided..iam salaried so i want to plan accordingly….
Dear Sravan,
If the property is co-owned by two or more people, then it is better to have the name of all the individuals in Khata also.
Why do you want to avoid taxes? What taxes are you referring to?
Not avoiding taxes , if its a gift deed to me , will there be any taxes ? but anyways i saw your other posts ..got the answer…thanks.
Hi Sreekanth,
Thanks for the nice article. I’ve few questions to be clarified.
We’ve a plot in Bangalore ( Maragondahalli Panchayat, KR Puram) and the SALE DEED and Manual Katha are on my father’s name. We are regularly paying the property taxes as well.
My father has recently transferred the plot onto my name through ”GIFT DEED”.
Now I’m planning to construct a house in this plot and wanted to transfer the katha onto my name.
The questions are –
1. Recently I visited the Panchayat office for this purpose. But the corresponding officials say that the katha transfers are not being done in Bangalore starting from 2013. Is this the real case? or are they expecting any bribe?
2. how can make a e-katha for this manual katha?
Please advice. I need to apply for a housing loan on my name.
Awaiting your reply!
PS: Happy to see PRODDATUR Municipal receipt attached in the above article as I’m from that place 🙂
Regards,
Hari
Dear Hari Krishna,
Mostly e-Khata can be done if it is in Panchayat limits. Kindly check with them again.
I believe that they are expecting some EXTRA payment.
You need to submit copies of Sale deed/Gift Deed, latest tax receipt, plot photo, your photo,required fee etc. to get e-Khata done.
Hi Sreekanth, Thanks for the reply. But my question is can we transfer the manual katha onto my name. They say transfers are stopped in Bangalore since 2013.
Dear Hari Krishna..One of my friends have done the transfer last year 2015. I am not very sure about the rules in 2016.
Hi Sreekanth, Can you please share your friend details offline. I’ll have a word with him. It helps me a lot! I need to apply for the home loan and without Katha on my name, I can’t do that 🙁
Dear Hari ..He is hesitant to share his contact details. His property is located near Sarjapur. Suggest you to approach a good real estate agent and get this done!
Hi Srikanth,
I am from newly fromed Telangana State. I have purchased a property in e-Auction from a bank in one of the districts of Telangana. We have completed our registration and sale deed in 2014.
We have applied for mutation in 2015 through E-Seva service provided by the state. It has been a year and service request was never closed and was kept pending. When I went to local MRO office they said I have to submit a new service request. After great difficulty and begging I was able to convince the local assistants to open the case again and it is now stuck with deputy Tahsildhar where he is creating lot of trouble. I do not live in India and my father who is 70 years old is having lot of trouble with him.
Can you please tell us what is the process for mutation on properties purchased on e-Auction (from Bank). Tahsildhar is holding the documents by saying about land surrounding the property I purchased.
Please help in understanding the documentation needed for Mutation of Auction Properties in T-State. If you have any links please provide and I will go through them if needed
Dear Satish,
We can sense that they might be expecting some EXTRA/under-the-table payment. If you have purchased through e-auction from a bank, personally I believe that there shouldn’t be any problem to get the MUTATION done.
Kindly check out if you can file RTI against this and ask for the status report on the submitted request.
Else, take help of a civil lawyer and proceed.
Hi SRIKANTH, thanks for the reply. From what I read in your post you mentioned, in case of e-auction I will be the first owner (irrespective of what the past is), is my understanding correct?
Dear Satish,
I believe that the e-auction properties from a bank can be previously held by different owner(s) right? (or) are they freshly allotted ones?
If it is a new allotment then you are the first owner of the property.
In case lets say if a person goes bankrupt or defaults in payments to bank,the bank can seize the property and put it in e-auction. In this case, the mutation can be in the previous owner’s name.
In the first case, it is Mutation registration and in the later case it is transfer of Mutation.
PARTNERSHIP FIRM SECURED BANK LOAN ON THE COMMERCIAL PROPERTY. AFTER CONVERSION OF PARTNERSHIP FIRM INTO LIMITED COMPANY, BANK TRANSFERRED LOAN FROM THE NAME OF PARTNERSHIP FIRM TO PRIVATE LIMITED COMPANY.
NOW, BANK IS INSISTING FOR PRODUCTION OF MUTATION.
YOU ARE RIGHT, IN SAYING MUTATION OF COMMERCIAL LAND IS NOT COMPULSORY. TO SATISFY BANK, CAN YOU QUOTE ANY COURT JUDGEMENTS ?
Dear Sandhya…It is not mandatory. But it is very essential.
COMMERCIAL LAND STANDS IN THE NAME OF PARTNERSHIP FIRM. LATER, PARTNERSHIP FIRM WAS CONVERTED INTO A LIMITED COMPANY.
PARTNERSHIP FIRM SECURED BANK LOAN ON THE COMMERCIAL PROPERTY. AFTER CONVERSION OF PARTNERSHIP FIRM INTO LIMITED COMPANY, BANK TRANSFERRED LOAN FROM THE NAME OF PARTNERSHIP FIRM TO PRIVATE LIMITED COMPANY.
NOW, BANK IS INSISTING FOR PRODUCTION OF MUTATION.
YOU ARE RIGHT, IN SAYING MUTATION OF COMMERCIAL LAND IS NOT COMPULSORY. TO SATISFY BANK, CAN YOU QUOTE ANY COURT JUDGEMENTS ?
Dear Sir,
Good Day
Saw ur blog today and found it vy vy useful as it cleared almost most of my queries, it z highly appreciable. And no doubt, it helped me gaining some information regarding property related disputes.
But I do hav few questions in my mind. Henceforth, mentioning them below as these are directly related to my Family and w.r.t to future investment point of view.
(1). My grandmother had got a piece of land in her name, which she transferred in name of my mother, later. We got the registry of the name done in 2007 but couldn’t get the mutation done as we were unaware of it.
Now, the person who has done the registry (the one who sold a piece of land from his society) died 4 years ago, And all his property is been taken care by his son. His son, recently had filed a case against us in court, asking for the cancellation of my registry as we don’t hav dakhil kharij done.
Request you to guide in above mentioned point, are we still the owner of the property as we spent somewhere around 50k in getting registry done and it is “ek number ki registry hai “.
(2). We are planning to purchase a land in another area of Kanpur. As we have seen the previous case, we are taking utmost precautions before making a deal.
We had conversation with the owner last week, he has shown the layout plan in which lots of Araji no. were mentioned. We got those Araji no checked in tehsil and found more than half of them showing no records. Also, he is doing the registry mentioning “plot no. E.g.. plot no. 114” and without mentioning Araji no.
My concern is, should we go ahead or restrict our self as we came to know that mutation or dakhil kharij cannot be done in such a case. Later, we asked the owner to which he told dakhil kharij is possible in that land.
According to him, his property is residential and has free hold plots.
I would be very grateful to you if u cud show some concern to above mentioned points.
Thanking in anticipation.
Best Regards,
HIMANSHU BAJPAI.
Dear HIMANSHU,
1 – Kindly note that ‘mutation’ is important but not mandatory. As the registration is done in your mother name, she is the current owner of the property. Kindly do not worry!
2 – Kindly check this with a trusted and local civil lawyer.
Dear Sir,
Good Day
Well noted your points, it has undoubtedly boosted our morale.
One more thing to ask u Sir……we are planning to purchase a land in another area of kanpur, it being an agricultural land. The owner is giving free hold residential plots, but um not sure, will he allow for the mutation of plot, after we get the registry done. Kindly, outline some tricks how to know if mutation can be possible in such a piece of land.
Thanking you.
Best Regards,
HIMANSHU BAJPAI
Dear Himanshu..Has the agri land been converted into Residential plots? Do they have the required Permissions. As suggested earlier, kindly take legal opinion on this.
Hi sreekanth,
I have transferred Katha from my mom name to me but in bbmp portan if i fetch with PID no. still its showing my mom name how can i change it to my name because i need to pay tax so pls suggest me
Dear Prince ..May be the transfer is not yet updated in the database, kindly contact nearest BBMP help centre.
hi my name is srinivas i am from chikkaballapur i am buynig site. that site under MUNICPAL KHATHA ( Within Town limit) can i buy is safe and what doc. required for buying
Dear srinivas .. Kindly consult a civil lawyer and take legal opinion.
Very nice article, Srikanth – have cleared the concepts about Khatha. I have a flat in Bangalore which I purchased directly from the builder and got the sale deed registered in April 2016. For some financial constraints, I need to sell my flat now. The builder hasn’t applied for the Khatha transfer on my name yet as they are awaiting the OC. In such scenario:
a. Can I sell my flat to a new buyer? I have a copy of the original Khatha certificate that the builder provided me back in 2012.
b. Suppose the OC comes in October, can the builder then do a Khatha transfer directly in the new buyer’s name rather than my name as he would be the rightful owner of the flat.
Dear Harjeet,
1 – Yes, you can sell, but prospective buyer(s) can ask for OC.
2 – I believe that you can get Khata transfer done in your name without OC. Kindly visit nearest BBMP ward office / local civic body office and enquire about this. The Prospective buyers may ask for reduction in Sale price if you do not have OC / Khata certificate.
Dear Mr. Srikanth Reddy,
Good Evening. I have a site in Bangalore and paying property tax regularly. The property is registered in ‘B’ khata. Now I am planning to construct house on the site. Kindly let me know whether all permissions like building plan , water & electricity connections are sanctioned without creating any problems by the authorities. Also kindly advise me how to proceed to get all the required sanctions.
With Best regards
Dear Sailaja,
Kindly take help of a civil Architect / Engineer.
Dear Mr.Sreekanth Reddy,
Good Afternoon. I am sorry to say that my query has not completely been answered. Whether building plan , water & electricity connections are sanctioned even for ‘B’Khatha properties, if up to date property tax has been paid. Also, kindly let me know 1) whether loan can be raised from banks on such properties and 2) Khatha transfer be done without seller’s presence/signature . Looking for Your valuable advice.
With Best regards
Dear Sailaja,
Yes, can be sanctioned.
1 – Loans can be sanctioned, but the options can be limited.
2 – Signature not required.
Dear Mr.Sreekanth Reddy,
Good Evening. My sincere Thanks to you for giving me a prompt reply.
With Best regards
Hi Sreekanth,
Hope you are doing well.
I need your help. I bought this plot way back in through SreeNarayanaguru Samithi in Blore. The Sale deed was registered on 24th May 2004.
The plot is in lakshmipura Village, Dasanapura Hobli, Bangalore North Taluk with Katha No. 243. So, is this Katha number a permanent number for the plot ? Or do I have to apply again ?
Also, I need to pay tax ..how do I go about that … Can I pay Online?
I live in Mumbai and want to complete all the formalities before going to Bangalore to sell the plot. Pl. help.
regards,
aruna gaitonde
Dear Aruna,
I am doing good, thank you.
May I know the authority who has issued that khata (No 243) ?
Hello Sreekanth,
Thank you for such valuable information.
Please let me know whether Mutation extract is also known as RIN PUSTIKA in M.P/CHHATTISGARH
I need to know I lost the original Mutation certificate/Khata/RIN PUSTIKA but having photocopy / attested one of it
Can photocopy be used for making duplicate certificate of RIN PUSTIKA
please let me know as I lost my original copy.
What is the general process for applying duplicate certificate.
Dear Mohit,
As far as I know RIN PUSTIKA is mutation or khata certificate only.
You can visit your concerned local civic body (panchayat/municipality) and can apply for duplicate copy.
SIR,
My family holds a property, its an agricultural land. its registered 65 years back (1953) but due to some circumstances not change khatha and its still pending. Now seller sons are making so many issues and conspiracy to hold it back.
Sir, kindly give me suggestion should we further proceed for khatha .
Dear puneet,
Kindly contact a civil lawyer and take help.
hello sir, iam anaya from mancherial,some one take my mother sign on saledeed at my home , registerd this property on his name
we are not there at that time, we dont have property papers also recenly i cheked in online pahani ,the property on my grandmother name only but on ec his name only mentioned, and he sold bit of land to some one also, how can we get back our property back we are in very bad financial condition
Dear anaya ..Suggest you to kindly consult a trusted civil lawyer and take advise at the earliest.
Thank you. Explained for common man, to avoid the intermediaries and not to bribe the corrupt officials.
Does buyer need to be there while doing motation of his property.
Or third party can do it
Dear ashish..He/she can send representative, but the buyer (new owner) has to make his signatures on all the required documents.
what is the time period for mutation after registration in telangana
Dear Sri..I believe that there is no time-line a such, but its better to complete this at the earliest.
sir
My wife and I have purchased a flat in Bangalore about 5 years back and have registered the sales deed.We have not got khata transfer done but are paying property tax regularly.Is there some one who can get khata transfer done for a fee plus regular charges?
Dear Ravi,
On whose name the property tax receipts are being generated?
Suggest you to visit the nearest BBMP help centre or your BBMP ward office and get Khata transfer done. Do not postpone doing it.
SIR,
My family holds a property, its an agricultural land. We have registered that land but due to some circumstances we delayed the mutation of land and its still pending. Now seller are making so many issues and conspiracy to hold it back. But due registration revenue officer told them, it is hard, more or less to re-own that land.
Sir, kindly give me suggestion should we further proceed for Mutation process. They are refusing to cooperate with us.
Dear Ritesh,
If the land is registered then what are the issues created by the seller?
Or are you facing any trouble from the revenue officer(s)?
Kindly provide more details.
Sir,
Actually registeration work Is not accomplished, half done,you can say. Land is holded by us, and we are cropping it since last 20 years. We also have proof of deal. But to register and mutation we need their cooperation. And they are refusing to do So. Saying that it was not a good deal by their ancestors, they were fool, and done this mistake of selling land. So my FAther visited the revenue officer (on panchayat level). He placated my father saying that ” they can’t hold that land back; but we have to consent them for further legal process and cooperation.” And they are refusing to help us.
We don’t have any other way except knocking at Court’s door. If, there is. Kindly suggest me.
THANKS
Dear Ritesh..Ok. Kindly take legal opinion on this.
Clear cut points about mutation. Will certainly clear doubts in the mind of a layman.
Very good information. Explained in very detail. Thanks Sreekanth.
Is the matation required for flat in apartment and
In which law of the provision it say the matation required
What is procedure in case of death and WILL is not their?
Dear Samir,
The legal heir(s) have to apply for ‘Legal heir certificate’ at local civic body office. One needs to indicate all the Class-I heirs left behind by the deceased, their age, their relationship with the deceased (i.e. wife, son, daughter, mother etc.). The said Application should be accompanied by the Death Certificate.
After making inquiries, the Tahasildhar or revenue officer will issue the legal heir certificate.
On the basis of the said legal heir certificate, the legal heir(s) have to approach the Civic Authorities for mutation of the property in their name(s).
In my native (Namakkal) to transfer the house from my mother name to my name (With the support of mother death certificate and dependent certificate) asking as regular registration charge.Then I stopped the activity and I am the only son.
Dear Saravanakumar,
I dont think the mutation charges are same as the registration charges. Suggest you to check with them if they can give receipt for the same??
Dear Sreekanth,
Very important topic, very well explained.
Thank you dear Saranya. Keep visiting 🙂