Mutation of Property 2024

Property mutation is a process of transferring the ownership of a property from one individual to another.

If property mutation is not done, the government's records will continue to show the previous owner as the proper owner of the property. Also, the property may continue to be assessed in the name of the former owner for various taxes and potentially even capital gains tax.

In the context of property, mutation is the process under which you update your land revenue records with the local revenue authority to register a change in ownership or other property details.

• Gather all the paperwork required for the property mutation.
• Obtain an application form for a property mutation by visiting the MCD office closest to you.
• Complete the application by filling in the required fields accurately.
• Send the application form to the MCD office along with the necessary paperwork. 
• MCD officials will examine the submitted documentation to confirm the property’s ownership and legitimacy.
• MCD then approves the mutation application with paperwork and confirms property ownership. 
• The official records will show the property modification.

The residents and property owners of  Delhi can check the land mutation status of their land mutation online at mcdonline.nic.in.  

Mutation is not the proof of title and it is done for payment of revenue. It is a mere proof of possession. Hence, if the title is clean and clear then there is no impediment to buy this property even if there is no Mutation certificate in the seller’s name.

Registration is the process of getting the title of land ownership legally transferred in the buyer’s name. Mutation follows the process of registration. Getting a land mutated shows that the registration has been duly recorded in the revenue records.

By property mutation, your name gets registered in the records of the revenue department and the government can transfer all tax liabilities to your name. After mutation, all the property tax receipts and utility bills will generated in your name.

Property mutation does not mean title ownership but on the other hand, it involves proof of possession. If required, the owners have to establish title ownership rather independently.

The Supreme Court says that the mutation entry does not confer any right, title or interest in favour of the person and the mutation entry in the revenue record is only for the fiscal purpose. Also, merely pointing out the lacunae in the opposite party's title would not suffice.

Offline or online land mutation happens after the registration of property is done. It takes around 30 days from submitting all the documents to release a new mutation certificate.

While some states charge a nominal fee for the mutation of property/ land, others levy a property mutation fee as a certain percentage of the property’s value. In states that charge a nominal fee, the rate may vary between Rs. 25 and Rs. 100. Whereas, in states with higher charges, at least 1% of the property cost can be charged as a property mutation fee. Property mutation charge is a one-time duty.

If there is a Will, the executor will administer the transfer of mutation of property after death based on the beneficiary stated in the Will. If there is no Will, the property is distributed based on the applicable succession laws. Also, legal heirs can mutually decide among themselves on the distribution of assets. Once they finalise the distribution, heirs can make a family settlement deed that each member signs, which can then be registered for official records.