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  • Category: Indian Law

    Mutation of Property (Pokkuvaravu) and the importance of it.


    Having a query about mutation of property? Looking out for detailed information about its needs, legal issues faced, detailed procedure, documents required, and how to apply? Here, on this page check out responses from ISC experts.

    We have often heard that you need to do Mutation of Property or Pokkuvaravu(in malayalam) from the Panchayat, Municipality or Municipal Corporations under which the property falls.

    Many of us don't know :
    - What is actually Mutation of Property or Pokkuvaravu?
    - Why it needs to be done?
    - Is there any legal issues if Mutation of Property is not done?
    - When should a Mutation of Property be done?
    - Who can apply for the Mutation of property?
    - What are the documents required for getting the Mutation of Property done?
    - On whose name should the Mutation of Property be applied?
    - If property is not divided, can any member(entitled to get a part of the property) apply for Mutation of Property?
    - Do we have to apply directly (by visiting office) or can it be done online?
    - Can you sell the property without getting the Mutation of Property?
    - What are the charges and period(time) required for getting the Mutation of Property done?
  • Answers

    3 Answers found.
  • Mutation of property is the last important step done after the transaction of the property is over and it is registered in the buyer's name. The buyer has to get the mutation of property in his name in the concerned Municipal office so that he is able to pay the property tax on this. With this background the point wise reply to the queries in this question is as follows -

    1. The property ownership records are kept by the Municipal Corporation and the buyer should list his property in the Municipal office and this process is called mutation.
    2. Mutation is a process required for house tax applicability on the buyer and it needs to be done because in absence of the mutation in the buyer's name, he will have problem at the time of selling this property at any later time.
    3. It is not a legal binding but it is a part of the process and if not followed will have problems from the Municipal corporation for house tax clearances and any future sale of this property.
    4. After buying the property and registering it in the registrar office the buyer has to apply to Municipal Corporation for the mutation of the property in his name.
    5. The buyer has to apply for the mutation of the property in his name.
    6. The documents required for the mutation of property are - application for mutation of property as per the prescribed performa, a copy of the sale deed, an indemnity bond as per the Municipal format, an affidavit as per the Municipal format and latest property tax clearance receipts or papers. Please note that state to state there might be some differences in the documents asked from the buyer but above is as per the general procedure.
    7. The mutation will be done in the buyer's name.
    8. The mutation will be in the same name(s) as that of the name(s) of buyer(s) in the registered sale deed.
    9. In some places the application part is done online but for physical verification the buyer has to visit the mutation authority office in the concerned Municipal Corporation.
    10. This has already been answered at Sl. No. 5.
    11. This is a very important aspect and you can not sell your property if it is not having mutation in your name.
    12. There is some nominal penalty for applying for mutation late and one can do it leisurely also but it is advisable to do it because it has house tax payment implications and as told earlier without this the future sale is jeopardised.

    Knowledge is power.

  • 1. Mutation of a property means a change of ownership from one person o another person when the said property is sold or purchased in the municipal records. When you own property in a place which will come under a particular Panchayat or Municipality, it is our duty to pay tax on that as per the rules. Even the land belongs to you and even the tax is paid by you also the recprds in the mubcippal office will show asif the amount is paid by the ear;ier owmer only. So after purchasing the land, we have to get the name changed in municipal records also. This process is known as a mutation.
    2. Your property should be on your name in municipal records. After some time if you want to sell your property, if the buyer wanted to see the tax payment details in the municipality, it will not be on your name and the buyer will have his own fears and you will face problem in selling. So mutation is a must.
    3. Many people will not get this mutation done. It is not a requirement legally. But for your safety and not to have any problems during selling, it is advisable to go for mutation.
    4. After you buy the land and got it registered, you have to do mutation. Even afterwards, we can get it done. But there may be a fine for late application.
    5. The landowner has to apply for mutation after the registration of the land on the buyer's name. Once you purchase a piece of land and got it registered on your name, you will become the owner. Once you are the owner you have to apply for it.
    6. The documents required for mutation are
    6.1 Copy of Sale Deed
    6.2 Application for mutation with court fee stamp affixed on it
    6.3 Indemnity bond on stamp paper of requisite value
    6.4 Affidavit on stamp paper of requisite value
    6.5 Receipt of up-to-date property tax payment
    7. If the land is on your name, on your name only you have to apply for mutation.
    8. If the property is a common property also, the person on whose name the registered document is there, on that name only we have to apply for mutation. Part mutation also the registered document for that part should be on the name of the person who applies for mutation.
    9. In some places, online mutation application process is there but in some cases physically you have to go and get it done.
    10. Selling may not be a problem and once you sell it, the new person can get the mutation done on his name with the documents and link documents. The buyer may insist on it.
    11. Anytime you can get it done. But if you are getting it done late you have to pay higher penalty.

    drrao
    always confident

  • -What is actually Mutation of Property or Pokkuvaravu?
    The ownership details of a property(land) is recorded in the Basic Tax Register(BTR) with the Village Office (Revenue) Records. (In some States it is known as Saath-Baarah or 7/12). The land tax is paid by and in the name of the owner as per BTR records. The process or procedure to change the ownership name is called Mutation (or Pokkuvaravu in Malayalam).

    - Why it needs to be done?
    The buy/sell of a property is done by executing a sale deed. But that does not automatically change the ownership. To change the ownership from the last owner to the new buyer owner is to apply for Mutation. By this only the titles of changed ownership actually get recorded.

    - Is there any legal issues if Mutation of Property is not done?
    Yes. when someone needs an ownership and possession certificate for say construction, pledge, lease etc there will be problems if ownership is not changed already or Mutation effected.
    Moreover , if the neighbouring property owner applies for a sketch or makes a sale deed, then the boundary property(your property for which mutation i not done) wil be reflected i the sale deed as in the lat owner's name only. Hence Mutation should be done as immediately a possible after the purchase.

    - When should a Mutation of Property be done?
    It should be done as early and immediately as possible, once the new owner(buyer) gets the original title deeds(Sale deed) from the Sub Registrar Office.

    - Who can apply for the Mutation of property?
    A person who is the current owner ,who bought the property by paying full amount shown in the respective Registered sale deed has to apply for Mutation. Though it has to be applied by the new owner, the actual work can be got done through a lawyer or agent doing such service .

    -What are the documents required for getting the Mutation of Property done?
    The first and foremost is the original sale deed .I the sale deed is pledged with a bank, then an attested copy from the bank with a certificate of p;edge or hyphenation will be accepted by the Village Office. One should also obtain a NIL encumbrance certificate from Sub Registrar Office on the property from the date of sale deed also to ensure that no other transaction is done on the property in between.

    - On whose name should the Mutation of Property be applied?
    On the name of the person in whose name the sale deed is executed.

    - If property is not divided, can any member(entitled to get a part of the property) apply for Mutation of Property?
    Yes. This happens inthe case of apartments(in states like Kerala) where the land is common and undivided. But the proportion of the undivided share will and should be narrated c;early in the sale deed. Accordingly the undivided share is allocated in the name of new owner.

    - Do we have to apply directly (by visiting office) or can it be done online?
    One has to go in person with the original sale deed in person(or through lawyer/ service agents). It is safer to go in person by the owner himself.

    - Can you sell the property without getting the Mutation of Property?
    Yes. If the new buyer agrees for that. Many buyers who keep the property for short time ,just for resale, as investment do like that only. But whoever wants the ownership to be recorded in own name has to affect mutation. Then it will be a bit cumbersome for him as there will be a chain of transfers before him.

    - What are the charges and period(time) required for getting the Mutation of Property done?
    The charges are as per State revenue guidelines and provisions. There is no stipulation time period. But once the land is sold, the seller will not pay taxes. So the tax will be in arrears. If the mutation is not effected, the tax will be recorded in the earlier owner's(seller's) name only. Moreover if the tax arrears are there for a few years then the original sale deed and NIL encumbrance are required which will show that the land is sold. That will create problems. and necessary mutation will have to be made.


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