Difference Between Property Registration and Property Mutation

Difference Between Property Registration and Property Mutation – Since ancient times, India has been a country where property deals and inheritance have been a serious issue from the higher segment of society, like kings and nawabs, to the lower middle class and working class. Property deals are one of the major and most expensive financial decisions of Indian families. For buying, selling, or inheriting the ancestral property in India, two terms play a vital role: Property registration and Property Mutation. Both are legally important processes to be performed. Many of us get confused considering them as the same process, but they are completely different. One process ensures that you are the rightful owner of the property, and the job of the other is to reflect your ownership on the revenue records for the taxation process. 

Difference Between Property Registration and Property Mutation

Here in this blog, we will discuss about the Difference Between Property Registration and Property Mutation in detail to understand both the processes deeply and how we can benefit from them. 

Understanding Property Registration 

Property registration is the legal process of recording with the government the ownership of property. Property registration is given effect under the Registration Act, 1908, which requires registration in case of any transaction involving the transfer of ownership of immovable property, which in simple terms, means the time when a transaction is made to sell property such as land or a building.

When a property is sold, the sale deed is executed and then registered at the Sub-Registrar’s office. The transaction will not be legally final until registered, and without registration, the property may still be considered to be under the seller’s name for all intents and purposes. You cannot make any legitimate claims on a property unless it is registered:

Key Points about Property Registration:

Required by law in relation to immovable property.

  • Execution and registration of the sale deed (or transfer deed).
  • Payment of stamp duty and registration charge (varies state to state).
  • Execution at the Sub-Registrar of Assurances office for the relevant jurisdiction of the property.
  • Conveys legal ownership rights to the buyer.

Documents Needed for Property Registration:

Here are the list of required document that are needed for the property registration in India legally:

  • Sale deed (properly executed and signed).
  • Identity proof (Aadhar, PAN card, passport, etc.).
  • Property card, encumbrance certificate, and property tax receipts.
  • Passport-sized photographs of both the buyer and seller.
  • Proof of required stamp duty and registration fees.

Importance of Property Registration:

Understanding the importance of property registration is a very important, her are some of th important reasons for property registration:

  • Establishes your legal ownership of the property.
  • Acts as conclusive proof of ownership in a court of law.
  • Protects against unauthorized claims or disputes in the future.
  • Ensures the legality of the transfer of property.

Understanding the Property Mutation 

Property mutation is the process of updating revenue records and municipal records to reflect the change in ownership of property after it has been sold, gifted, or inherited. Mutations do not establish ownership as registration does, however, they do ensure the new owner’s name has been updated in order for the land revenue department to update their records. These records are essential for municipal authorities in order to be able to calculate and collect property tax.

For example, if you buy a house, you must apply for mutation so that the municipal tax bills can be sent to your name instead of the seller’s.

Key Points About Property Mutation

Here are some of the key point of the property mutation : 

  • Not required by law, but highly recommended.
  • Carried out at local municipal corporation or revenue office.
  • Requires the registered sale deed, affidavit, and application form.
  • Assist in updating government records for tax purposes. Important for future sale, or inheritance of the property to go smoothly.

Documents Required for Property Mutation : 

Here are the list of legal document required for property registration in India legally: 

  • Application form for mutation.
  • Copy of the registered sale deed.
  • Latest property tax receipt.
  • Identity and address proof of the new owner.
  • Affidavit and NOC (if required).
  • Death certificate (in case of inheritance

Importance of Property Mutation 

Understanding the importance of property mutation is necessary before starting the process or to pay fair tax on the properties you are holding, here are some of the reason for property mutation:

  • To update the government revenue records files in your name on it.
  • To ensure that all the property tax bills and notices are received directly by you. 
  • A property mutation servers are a proof of ownership for future transaction
  • To avoid dispute over tax liability or any claims by previous owner. 

Conclusion 

In India owning a personal property is one of the most valuable assets, and a big achievement but along with it bring many responsible that should be considered to maintain your rightful claims over your property and all your rights are legally protected. Property registration and property mutation is two different thing but many people get confused among it. Here in this blog we have discussed all the important Difference Between Property Registration and Property Mutation, which will help your understand both the procedures and which one to perform at what time to protect you rights and ownerships over the property.