Sale of residential plot in absence of mutation document

Contact a local advocate and you may have to file a declaration suit on the basis of all such documents that confirm your possession for more than 12years to the knowledge of one and all, and as you are not having any legally valid title deed in your father's name.  If you are having other co-sharers you may even get a settlement deed and get it registered and it becomes a valid deed for further transactions.  In fact a mere mutation can not get or take away title on a property but confirms your possession.  What about such constructions if any on the plot from 20 years and such approvals and tax paid receipts?

Property mutation is a mandatory process in all legal transactions involving the property.Even as property registration is mandatory in India, mutation is not legally enforceable. Mutation is, nonetheless, important, since it guarantees that all records related to a property are updated with the government. This enables an owner, without doubt, to sell his property.

The best option for you is to contact the authority concerned. To my knowledge, there is no limitation period in getting the mutation carried out.

Dear User,

Thank you for your query! I am Aadil and I will try to answer your question.

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!

Regards, 

Aadil