• Documents and mandatory things needed to sell land

Hello,

It is stated that my parents have land in Purulia (WB) around 5760 sq ft. We have property paper in name of my mother. 
We were told by agents that you may face problem in selling the land since you have not done mutation.
Since we are not much aware of these we need consultation what all legal things, documents etc will be needed before we sell the land.
Also please tell what mutation doc exactly is and from how and where we can make all the mandatory legal docs
If needed I will require face to face consultation also for further help.

Thanks in advance
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

1. The title document standing the name of your mother needs to be submitted to the revenue authorities who will then enter your mother's name in the land records as beneficial owner

2. A certified true copy of title document has to be submitted alongwith an application for mutation

3. A local agent can do the job

4. If the power of attorney signed in favour of daughter contains a power to carry on the mutation process, then procedure can be done as she can then sign certain papers on behalf of your mother which the revenue authorities may require for carrying out the mutation

5. Apart from revenue entry, the seller has to clear all revenue assessment upto date and provide receipt of payment to buyer

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Application has to be made by your mother for mutation of land in her name

Mutation is the recording of a transfer of title of a property from one person to another in the revenue records. The documentation procedure to be followed and the fee payable vary from State to State. The mutation in the municipal records is for the purpose of payment of property tax, and it does not mean a legal title for the person in whose name the property has been mutated in the municipal records

.Details to be furnished with application:

>> Area in which the right has been acquired

>> Description of the right acquired

>> Name, parent's name, and address of the person from whom the right has been acquired

>> Manner in which the right has been acquired

>> Name, parent's name, and address of the person who has acquired the right

>> Date on which the right was acquired

>> Copy of document on the basis of which the mutation is sought - sale deed, Will etc

A proclamation is issued inviting objections to the proposed mutation and specifying the date, not less than 15 days from the date of the proclamation, up to which any objection to the mutation will be entertained. The Patwari submits his report in the prescribed format. The statements of the parties are recorded. The contents of the documents are matched with the recorded statements. In case no objections against the proposed mutation are received, it is sanctioned.

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Contact a local lawyer and apply for mutation of property in name of mother

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hello, I read your Question . You are requested to fix an appoinment over phone and visit with all your documents. I will guide you properly how to sale your land step by step. Advocate Probal Chatterjee, High Court Kolkata - Contact me - [deleted].

Have a good day.

Probal Chatterjee
Advocate, Kolkata
1 Answer

Not rated

1, The claim of the agent has no basis at all.

2. Mutation is necessary for recording name in Revenue Record apart from which it has no other value.

3. So if there is a valid title deed in the name of your mother she can very well sell the land for which mutation is not necessary at all.

4. If the and is situated in Panchayat area then on the basis of title deed she can apply for Porcha which is equivalent to Mutation.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Mutation, in legal parlance is "change". When the property is transferred from one to another, the changes with respect to tax, EB, water and any other statutory dues has to be changed to the name of the present owner. This is all about mutation. If it is vacant land, then, verify whether any land tax has to be paid.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

File an application before the revenue department for the mutation of the property along with the property ownership documents.

On mutation get extract( certified copy of Revenue Records ).

Further you should clear the property tax pending on mutation.

For sale you just need the registered ownership document and the extract from revenue records to sell the land.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

the document can be signed and registered based on power of attorney, copy of power of attorney can be attached with the sale deed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

No big deal, even without mutation can sell the property,

Apply for Legal Heir Certificate with local tehsildaar.

On the basis of LHC, you can directly sell the land or get it mutated and than sell.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You may need the earlier sale deed purchased from the seller. You can transfer the land in your name or register the same in form of mutation.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

1) From whom your parents has purchased this property and whether it has been registered with registrar of land revenue.

2) Once you registered the purchase deed in registered office. Than all purchaser name will get updated in the mutation records.

3) Mutations records you will get from land revenue records.

4) Now the rights of mother is transferred in the name of daughter, however as per SC order POA us not a valid document for registering land records.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Since this property is in your mother's name you may have to transfer the property to your name first.

For this you have to approach the revenue department with an application, your mother's death certificate, copy of title document, legal heirship certificate, tax receipts and any other relevant documents.

Get the property mutated to your name after obtaining NOC from other legal heirs.

After getting it mutated to your name you can sell the property.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You have not stated if your mother is living or not, if she's not living then the POA executed by her will stand cancelled automatically.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Your mother would have to approach the revenue authorities to get the property mutated into her name, which would require the certified copy of the title deed in the name of mother, after which her name would be mutated in the revenue records, if all the dues of the said property are clear.

After mutation, she would be free to dispose off the property, howsoever she wishes.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

You also mentioned that your mother had given power of attorney to your sister, in that case, she can sign on behalf of your mother, where your mothers signatures are required for the purpose of mutation.

Regards.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

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