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DIFFERENCE BETWEEN MUTATION OF PROPERTY AND REGISTRATION OF PROPERTY

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DIFFERENCE BETWEEN MUTATION OF PROPERTY AND REGISTRATION OF PROPERTY
Difference Between Mutation Of Property And Registration Of Property

Mutation of property is popularly known as ‘Intekal’ or ‘Daakhil-Kharij’. It is a process to record the change in ownership of a property. For instance: change in the title of ownership of a property due to sale, gift, will, inheritance, etc.

Mutation is important to determine the burden of property tax, as once the property is sold/transferred to another person and the same is recorded with the Land Revenue Department of the Government, the new owner of the property is liable to pay the property tax from thereon.

It is essential that any change in the title of ownership of a property is updated in the Government’s Land Revenue records and a certificate of mutation be obtained in order to avoid any frivolous activities or unauthorized transactions.After the change in ownership, the property must be mutated within a period of 6 months.

Process of Mutation (For Delhi-NCR)

The process of Mutation usually takes about 30-45 days. Mutation of Property in Delhi can be done online through Municipal Corporation of Delhi’s website or offline. Form A and Form B, alongwith a list of required documents is given on the Municipal Corporation of Delhi website. Form A has to be filled for all kinds of transfer of ownership except inheritance.

Difference between Mutation and Registration of Property

Registration of Property is an event that takes place when a property is transferred by one person to another, it may be by way of sale deed, gift deed or conveyance deed. The registration is complete when the new owner deposits registration charges and stamp duty to the Government’s land and revenue department.

Mutation on the other hand is the process of recording a change in title of ownership by means of sale, inheritance, etc. It takes place after registration of property. The new owner has to update in the record of the Government, so that the government can collect property tax from the new owner. Mutation Certificate cannot be used interchangeably with the registration document. Ownership of property is not affected even if a person fails to mutate the property as mutation certificates does not give any ownership right on a property.

Whereas, the registration of Property in Delhi is governed by The Registration Act,1908 which gives a legal right of ownership to the person in whose favour the property is registered and it is a valid legal document. The process of registration is done before the office of Sub-Registrar which have all the past registered documents in respect of property under sale/gift.

Anushka Kumar

Legal Researcher

Nyay Options

www.nyayoptions.com


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