Frequently Asked Questions On Mutation Of Property

QUERY #1

If my father bought a property and entered his name along with that of one of his sons' name in the mutation record, after his intestate death, can this son claim full ownership over that property? Or can the legal heirs of my father claim his share?

ANSWER:

The short answer to your question is NO. The son cannot claim complete ownership of the property.

What must be understood here is that having your name on the mutation records does not give you the right to claim the whole property. In this case, the property was registered under the name of the father and the son, meaning they are co-owners of this property. They both have equal claim of share in this property. As per section 44 of the Transfer of Property Act of 1882, the co-owners of a property have equal rights to enjoy and dispose of their property. If they are deprived of this right, they have the right to reclaim it.

Mutating a property to your name only means that your name is entered as the owner of that property in the records kept by the government. Mutation has to be done after the registration of the property, i.e, after transferring the property to you. Both mutation and registration are connected and both are necessary to complete the ownership of the property.

Here, since the father is a co-owner to this property and his name is on the mutation records, he has the right to claim his share of the land. Unlike in many western countries, upon the death of a co-owner, the other owner does not automatically get complete ownership over this property. Instead, the property devolves to the legal heirs of the deceased as per the Indian Succession Act or the Hindu Succession Act, whichever is relevant.

I hope this helps. Thank you for your time and patience!

QUERY #2

After the death of my parents, can the flat that was under the name of my father be mutated to his three sons including me? Can we jointly sell this property to a third party?

ANSWER:

The short answer to your question is YES. All three of the legal heirs may sell the property on mutual consent.

Mutation of property is the process of entering your name on the records maintained by the government on the ownership of that land, and is used to know the person to be taxed for that property, etc. As per the Supreme Court ruling in Sawarni v. Inder Kaur (1996), having your name on the revenue records does not give you the title of ownership over that property. Registration of property only means transferring a property to your name, and mutation of that property has to be done to get your name on all the government records as the owner of that property.

In this case, the three legal heirs of the deceased may get the property mutated to their names as it is their right to inherit this property as per the Hindu Succession Act of 1956. The property can be jointly owned by all three, and if they choose to sell it to someone upon mutual consent, they are free to do so. They may also choose to sell their share of the property to a third party if they want, in accordance with the Transfer of Property Act, 1882.

I hope this helps. Thank you for your time and patience!

QUERY #3

My father purchased a plot of land twenty years ago, but did not mutate it under his name. Now when I tried to sell it, the buyer asked for the mutation document. Both the seller and my father have passed away.

Can I get the mutation documents prepared now?

ANSWER:

The short answer is YES. The mutation can be completed now but it could be complicated.

Mutation of property is the process of entering your name on all the government records pertaining to that property as the owner of that property, mostly for the purposes of imposing revenue on it. 

Even then, mutation of property has to be done after the registration of the property so as to get your name on all the government records pertaining to your property, and is a necessary document during the sale of the property. Different states have different time limits to get the mutation of property done after its registration, but it generally ranges from three months to one year.

Since a registered sale deed must exist indicating the sale of the property to your father’s name, it can be used as proof of ownership of the property, along with the fact that you have been in possession of the property for over twenty years and that no one has raised any objection to the same in that time. This, along with the Supreme Court judgment in the case of Sawarni v. Inder Kaur (1996) wherein it was held that the mutation of a property in the revenue records do not create or extinguish the title of ownership of that property, nor does it have any presumptive value over its title, can be used to claim ownership over the property.

I hope this helps. Thank you for your time and patience!

QUERY #4

Is the mutation of property bequeathed through a will compulsory? Can I directly sell this property based on the registered will favoring me?

ANSWER:

The short answer to your question is YES. Mutation of property is compulsory.

If you are bequeathed a property through a registered will, you may use that will to mutate the property to your name to establish the ownership of that property. Mutating a property is essentially entering the name of the owner into the records maintained by the government, mainly for the purposes of revenue.

Although the Supreme Court clarified in the case of Sawarni v. Inder Kaur (1996) that the mutation of property does not create or extinguish any title over the property or has any presumptive value of the same, it is still necessary to mutate a property after its registration to keep the details of the property in the government records up to date.

Having your name on the mutation records is also necessary to sell the property. Therefore after mutating the property to your name, you may choose to sell it through a sale deed.

I hope this helps. Thank you for your time and patience!