Information about mutation

rupendra jain (Querist) 08 January 2021 This query is : Resolved
Dear Experts,

I have purchase a new flat two years ago. After 1 year of purchase, we got to know that fourth floor in not there in sanction plan. It is there is "as made" plan. Unfortunately I am in fourth floor.
Can I still do mutation of my flat? The other flat owners at 2nd and 3rd floor are also concerned whether they can do mutation.

Can you please advise both quieres? What are my legal options?

I forgot to mention that we are requesting builder to provide completion certificate but he is not providing this, neither denying to provide.

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rupendra jain (Querist) 08 January 2021
Any suggestion would be very helpful. Please help.

Guest (Expert) 08 January 2021
A Mutation Certificate is a Must while Selling the Property. It is Extremely Important to prove the ownership and also it acts as the Tax Record. The fees for property mutation differs in every state. More over an regular update of Mutation Certificate ensures that the property records are valid.

Guest (Expert) 08 January 2021
Author could proceed with the Mutation -- what ever it is.

Guest (Expert) 08 January 2021
Contd -- In case any objection is received against Mutation the matter is referred to the Revenue Assistant of the Area and Still if your grievance is not resolved you should file an Appeal before the Additional Collector Or the Deputy Commissioner -- Concerned---with in 30 days of the said order.

kavksatyanarayana (Expert) 08 January 2021
to my best known, The mutation is a legal formality and failure to do so does not take away one's right to the property. But mutation of the property stands as proof of ownership and might act as a tax record.

Dr J C Vashista (Expert) 09 January 2021
Mutation of property do not confer title, which is for property tax only.

Dr J C Vashista (Expert) 09 January 2021
Fourth floor of the property purchased by you is stated to be not found approved/ sanctioned by authorities, issue legal notice to seller / builder for refund of your money and/or provide alternate property.

krishna mohan (Expert) 13 January 2021
I advise you to consult a legal advisor specialized on property matters to advise you as per local laws governing such unapproved building. Many states have started regularizing the construction. If your builder can provide that without any additional cost you can proceed to avoid legal issues on constructions at a later point of time.

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