Property Registry Rules: As easy as it is to buy property in India, it is equally important to get it registered. Before buying a property, it is important to know the rules of registry and mutation.
These processes not only give legal rights of property ownership, but also ensure changes in government records. For this, it is also important to know the required documents, fees, time limit and instructions given by the Supreme Court regarding mutation.
If you are planning to buy a new property for yourself, then you should know the rules of registry and mutation. If you do not know these rules, you will get trapped in the clutches of brokers and then instead of getting benefit, you may suffer a big loss. You must be aware that the benefits of government schemes are available only when you have property in your name. Farmers get the benefit of Pradhan Mantri Kisan Samman Nidhi Yojana only when they have land in their name. Come, let’s know what are the rules of property registration and mutation in India?
Property registry rules
Property registry and mutation (name transfer) in India are important processes for establishing legal rights of property ownership and making necessary changes in government records.
- Compulsory Registry: According to Section 17 of the Registration Act 1908, if the value of any immovable property is more than Rs 100, then it is necessary to get it registered. Since at present no property is available at such a low price, registration of almost all property transactions is necessary. This rule also applies in cases of gift deed.
- Required Documents: The documents required for property registry include sale deed, identity proof (Aadhaar card, PAN card), address proof, property tax receipts and other legal documents related to the property.
- Stamp and Registration Charges: Property registration requires payment of stamp duty and registration charges, which depend on the value of the property and the rules of the respective state.
- Need for witnesses: Two witnesses are required at the time of property registration. It is important to note that persons below 18 years of age, mentally ill persons or persons directly involved in the transaction cannot become witnesses.
Property mutation rules
- Importance of Mutation: Mutation is the process through which a change in ownership of a property is recorded in government records. This process helps in registering the name of the new owner for property tax, but it is not a legal proof of ownership.
- Offline Application: Application has to be submitted in the concerned Tehsil, Municipal Corporation or Gram Panchayat office.
- Apply Online: Many states have started the online mutation application process, making the process easier and faster.
- Documents Required: Certified copy of sale deed, proof of identity and address, property tax receipts, succession certificate in case of inheritance or will.
- Fee and time: Mutation fee varies from state to state and can range from Rs 25 to Rs 200 or more. The time taken to complete the process also depends on the state and local administration.
Special things related to mutation
- Legal importance of mutation: According to the Supreme Court, mutation is only for revenue purposes and is not a legal proof of ownership. The registered sale deed is more important for legal rights of ownership.
- Timely Mutation: It is advisable to get the mutation done immediately after purchasing the property, so that any legal disputes can be avoided in future and the name of the correct owner is registered for property tax.
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