Mutation
RAJESH CHOPRA
(Querist) 31 March 2015
This query is : Resolved
Sirs,
My father in law has gifted a floor to my wife and the Gift Deed was executed and was duly registered in sub registrars office.
Now do we need to go for mutation also. what are the benefits of mutation and what if the same is not done and we maintain status quo.
Pls guide
Laxmi Kant Joshi
(Expert) 31 March 2015
Without completing mutation process your wife will not be the owner of that property, the property will still remain in your FIL's name .
Devajyoti Barman
(Expert) 31 March 2015
Well mutation never creates tile and without the mutation the property will continue to belong to your wife only.
However mutation is irma facie proof of tile and possession and hence people go for it. But without it the title of your wife does not suffer from any infirmity.
Dr J C Vashista
(Expert) 01 April 2015
Your wife is absolute owner (may or may not be in-possession)of the gifted floor/ property since the time she has accepted the gift/ registration of Gift Deed was complete.
Mutation do not obstruct/ debar/create her title/ ownership, which is only for the purposes of "property tax" in the name of registered owner with municipality.
Rajendra K Goyal
(Expert) 01 April 2015
It is advisable that the Mutation be got entered.
SAINATH DEVALLA
(Expert) 01 April 2015
if you want that the flat should be transferred into your name than you ca make a release deed, power of attorney or gift deed or will but all these must be registered with the marginal witnesses and the same must be entered in the revenue record or the record municipal committee.
Mutation is a process of substitution in the place of the previous lessee, the name(s) of new owners. Upon transfer of the leased premises by way of sale or gift etc., the name of transferee is mutated in the records of the lessor.
On receipt of an application for mutation after transfer of a property, it shall be verified by the concerned section whether the transfer has been effected with the permission of the lessor, if such permission was required to be obtained under the terms of lease. If so, the transferee shall be asked to furnish a copy of the transfer deed, duly certified by the Sub-Registrar.
If the Sale Permission/Gift Permission is granted to the lessee and the sale deed/gift deed has been executed by the lessee itself, strictly as per the permission granted, such sale deeds or gift deeds shall not be referred to Branch Officer or Legal Officer for checking. In such cases the sale deeds or gift deeds, as the case may be, shall be checked in the Section itself and mutation letter put up. If the sale deed or gift deed is executed through attorney, such documents shall be referred to Branch Officer or Legal Officer for vetting.
ajay sethi
(Expert) 01 April 2015
advisable to go in for mutation of property in name of your wife . name of your wife would be duly reflected in revenue records of payment of property taxes
malipeddi jaggarao
(Expert) 01 April 2015
Though mutation either carried out or not will not effect the title of the property once the property is transferred by way of registered Gift Deed/Sale deed, the following are to be considered either to go for mutation or not.
1) Only title of the property is transferred, but this transfer will not be reflected in the Government and other related records.
2) Hence the property tax, water tax, electricity and any other amenities, will carry the name of the then owner, not your wife.
3) If your wife wish to sell the property, the buyer will insist to get these amenities transferred in his/her name, but it is not possible, as the sale deed would be executed by your wife, who is novice to the records of the Government/Agency. Ultimately no buyer will prefer to purchase such property.
4) If you people wish to obtain a bank loan against this property, the bank's advocate will declare the title as defective until the mutation is carried out.
Hope you are clear now.
SAINATH DEVALLA
(Expert) 01 April 2015
Mutation is not a legal title given to the new owner. It basically means rectification in the records of the municipal authorities (in case of urban properties) and local revenue officers (in case of other properties), replacing the name of the owner with that of the new owner. The new owner, in whose favour the title and other rights pass on, must apply to the local municipal authorities for mutation.
Mutation of property is recorded on the presentation of registered documents showing evidence of transfer of property. Mutation of property in the municipal or revenue records is mainly for the purpose of payment of property taxes.
T. Kalaiselvan, Advocate
(Expert) 04 April 2015
Well advised by experts above, it is better to go for mutation to prove your possession as per records.
