Hello, I am Vivek Sharma, I welcome you to my blog Stampduty Calculator Today, I’m going to explain why property mutation is even more important than the registry itself If a person sells a property twice or a person takes a loan on it even after selling the property, if we are registered as the owner in the government records as soon as we register, then how can the same property be sold again or how can a loan be taken on it again?
Our blog today is about this, in which we will talk about what is the most important step we have to take after getting a property registered. The information given in the blog is important. Do read the blog till the end and if you like the information in the blog, then share it as well.
What Is Property Mutation and Why Is It Mandatory After Registry?
It is provided in the Indian Registration Act that if any property worth more than rupees 100 is transferred, then such transfer will be in writing only and it will be mandatory to get every such transfer registered. This is the reason that whenever we buy or sell a property or transfer it in any other way, we have to get the registry of that transfer deed done in the sub-registrar office of our area.
This means that the registry is only a document of transfer of ownership. The registry is not considered as a document of ownership. After the registry of any property is done in our favor, the most important step is to get its name transferred i.e. session or mutation done. Property mutation means that our name is entered in the government records of ownership of that property on the basis of registry and the name of the old owner i.e. the person from whom we have purchased the property is removed as the owner of the property.
There are mainly three types of properties in our country, agricultural land, residential area property and industrial area property and the process of transfer is different for all three. First of all, let us talk about agricultural land. Whenever we buy agricultural land, the most important record is in the form of ownership document related to agricultural land.
Difference Between Registry and Property Mutation: Mutation Makes You the Legal Owner in Government Records
| Aspect | Registry | Property Mutation |
|---|---|---|
| Definition | Legal process of recording property transaction in sub-registrar office | Process of updating ownership in government land/property records |
| Purpose | Transfers ownership through a legal document | Confirms ownership in local or municipal records |
| Proof of Ownership? | No – It is proof of transaction only | Yes – Confirms you as the legal owner in government records |
| Mandatory? | Yes – Under Indian Registration Act | Yes – To legally reflect ownership in local records |
| Where to Apply? | Sub-Registrar Office | Municipal Office / Patwari / Development Authority |
| Needed for Loan or Sale? | Partially – Registry is checked | Yes – Mutation is required for loans and future resale |
| Timeframe to Complete | At the time of property transaction | Immediately after registration to avoid legal issues |
| Risk If Ignored | Medium – Registry alone doesn’t secure title | High – Can lead to land fraud or double-selling |
Jamabandi is a document which contains details of agricultural land and also the name of the owner of that land and the share of that owner in that total land is mentioned. Whenever we need to know about the owner of any agricultural land, we get a copy of the Jamabandi and we get to know its owner and whenever we buy any agricultural land, it is necessary for us to give an application to the Patwari of that area along with a copy of the registry so that the Patwari can do the transfer in our name. The process of transfer is also being done online these days.
For which we can go to our state government’s website and apply for property mutation. Now suppose we have bought some agricultural land and after getting it registered, we have forgotten about it and then the person from whom we bought that land sells the same land to someone else and the person who bought that land gets it transferred in his name on the basis of his purchase registry or the person from whom we bought the land takes a loan from a bank on the same land.
In such a situation, it is a different matter that the person has committed a crime and he will be punished for the crime under the law, but for us we have to go to the court unnecessarily, so whenever you buy any agricultural land, immediately apply for its transfer to the concerned Patwari. Similarly, if any property in a populated area is purchased by us or we get it in any other way
Even then it is necessary for us to apply in the concerned local body of our area. Local body means Municipal Corporation or Municipal Council. So we have to submit an application and a copy of the transfer deed in the local body which is related to our area, on the basis of which our name is recorded as the owner in the property tax or house tax records.
And similarly, if the property is related to the industrial sector, then it is necessary to apply for the transfer of the property in the office of the Industrial Development Department. Now, when the matter arises that we have not purchased the property but have received it by will or under the inheritance law, then the process of transfer of the property is the same for such property as well.
There is only a slight difference in the format of the application form. In this way, when we get our name registered as the owner in the government records by giving an application regarding the land received by us on the basis of the registry done in our favor, on the basis of the will or under the inheritance law, then in reality, only then we are the real owners of that property.
If you liked the information given in the blog, then definitely share it with your loved ones and stay tuned for such useful information. See you in the next blog. Jai Hind!
Reference when explaining legal provisions related to land ownership and mutation.Department of Land Resources, Ministry of Rural Development.
