If you are stuck in such a situation, here is what to do.

Mr. Verma recently fulfilled his dream of buying a beautiful apartment in the city of Anandpur. He diligently completed all the paperwork and successfully registered the sale deed in his name, making him the legal owner. A few weeks later, a colleague mentioned the term ‘Inteqal’ or ‘Mutation’ and asked if he had completed it. Mr. Verma was unaware of this additional step and became concerned, wondering if his property ownership was incomplete and whether this process was necessary.

This is a very common situation for new property owners. While the registration of a sale deed legally transfers the property title to you, the process of mutation is a crucial subsequent step. Mutation, known as ‘Inteqal’ in many parts of India, is the official process of changing the ‘title’ holder’s name in the records of the local municipal or revenue authority. This ensures that the government’s records are updated to reflect the new ownership, primarily for the purpose of levying property tax. Essentially, registration makes you the owner in the eyes of the law, while mutation makes you the owner in the records of civic bodies.

Advice in such cases

If you have purchased a property and only completed the registration, it is highly advisable to proceed with the mutation process without delay. While not getting it done does not invalidate your sale deed, it can lead to several practical complications in the future.

• Prioritise Mutation: Treat mutation as the final, essential step in your property acquisition process. It provides a clear and undisputed record of your ownership with local authorities.
• Future Transactions: Without mutation, selling the property in the future can become complicated, as prospective buyers will demand clear property tax records in your name.
• Utility Connections: For applying for new water, electricity, or gas connections, municipal bodies often require a mutation certificate.
• Avoid Disputes: It helps in avoiding any potential disputes related to property taxes or ownership claims with the previous owner or authorities.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The process of property ownership and its recording is governed by several laws. The transfer of ownership itself is governed by the Transfer of Property Act, 1882, and the registration of the sale document is mandatory under the Registration Act, 1908.

The procedure for mutation (Inteqal) is not governed by a single central law. It falls under the purview of state-specific legislation. Each state has its own Land Revenue Code or Municipal Corporation Act that lays down the detailed procedure, forms, and timelines for updating property records. For example, properties in urban areas would be governed by the respective state’s Municipal Corporation Act, while agricultural land mutations are handled under the state’s Land Revenue Act.

If you are the complainant

In this context, the “complainant” is the new property owner seeking to get the mutation done. Here are the steps you should take:

• Gather Documents: Collect all necessary documents, primarily your registered sale deed, the application form for mutation, proof of identity, and receipts of the last property tax paid by the previous owner.
• Submit Application: File the application with all supporting documents at the appropriate local body, which could be the Municipal Corporation, Municipality, or the Tehsildar’s office, depending on your property’s location.
• Pay the Fee: Pay the nominal mutation fee as prescribed by the local authority and ensure you get a receipt for the same.
• Follow Up: Keep a track of your application number and follow up with the department to ensure the process is moving forward. The authority will typically issue a proclamation or notice to invite objections before sanctioning the mutation.

If you are the victim

If you are facing an unreasonable delay or if your mutation application has been rejected unfairly, you can take the following steps:

• Seek Reasons in Writing: First, file an application under the Right to Information (RTI) Act, 2005, to officially ask for the reasons for the delay or rejection.
• Appeal to a Higher Authority: Every municipal and revenue department has a hierarchical structure. If you are not satisfied with the decision or inaction of a junior officer, you can file an appeal with a senior officer, such as the Commissioner (in a Municipal Corporation) or the Sub-Divisional Magistrate/Collector (in revenue matters).
• Legal Notice: You can have a lawyer send a formal legal notice to the concerned department, demanding that they perform their statutory duty within a specified time frame.
• Writ Petition: As a last resort, if the authorities fail to act, you can file a writ petition in the High Court of your state, asking the court to direct the authority to process your mutation application.

How the police behave in such cases

It is important to understand that property mutation is a purely civil and administrative matter. The police have no jurisdiction or role in this process. You should not approach the police for delays or issues related to mutation, as they are not the competent authority to resolve such matters. The entire process is handled by the officials of the Municipal Corporation or the State Revenue Department. Their role is to verify the legal documents you have submitted, primarily the registered sale deed, and update their records accordingly. They act as administrative record-keepers for the purpose of taxation and civic administration.

FAQs people normally have

Does mutation grant property title?

No. This is a common misconception. The Supreme Court of India has clarified in several judgments that mutation of a property in revenue records does not create or extinguish title to the property. The title is transferred through a legally registered document like a sale deed. Mutation is only for fiscal purposes, i.e., to ensure the correct person pays the property tax.

Is mutation mandatory for a valid property title?

Your title, established by the registered sale deed, is valid even without mutation. However, mutation is practically essential. It serves as crucial proof of possession and is required for almost all other property-related formalities, including obtaining building permits or selling the property.

What happens if I don’t get the mutation done?

The property tax bills will continue to be generated in the previous owner’s name. Any notices from the municipality will also be sent to them. This can create significant confusion and legal hurdles if you decide to sell the property later.

What evidence is required?

To apply for mutation, you will generally need the following documents:

• A completely filled mutation application form.
• A copy of the registered Sale Deed or Gift Deed.
• An affidavit and an indemnity bond on non-judicial stamp paper of the requisite value.
• Aadhaar card or other government-issued photo ID of the new owner.
• Receipt showing clearance of all property tax dues up to the date of application.
• In cases of inheritance (mutation due to death of the owner), a copy of the Death Certificate and the Will or Succession Certificate is required.

How long will the investigation take?

The word “investigation” is not appropriate here; it is a verification process. The time taken for the mutation process varies from one state or city to another. Generally, after the submission of a complete application, the department will issue a public notice for a period of 15 to 30 days to invite any objections. If no objections are received, the mutation is sanctioned. The entire process can take anywhere from one to three months. Online systems in some cities have made this process faster and more transparent.

Advocate Sudhir Rao, Supreme Court of India