• Mutation not done

Hi, i have a flat in kolkata which i purchased in 2006. From 2007 i have been outside the country. I did not get a chance to do mutaion. Now i,am,selling my flat to a buyer. My question is can my buyer purchase the flat without the mutation which i have not done till now ? Can he do the mutation after buying the flat in his name ?
Asked 5 years ago in Property Law
Religion: Hindu

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12 Answers

Hi,

You should have done the mutations within time. Your buyer may get it done on his name after purchase from you.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Transfer of flat is necessary in your name in society records 

 

2) purchaser cannot purchase flat in your name if mutation is not done 

 

3) entry in revenue records is for payment of property taxes 

 

4) it does not confer title to property 

Ajay Sethi
Advocate, Mumbai
94732 Answers
7537 Consultations

5.0 on 5.0

No he will again get a defective title in his side. As you are not the valid title holder on paper it's better you mutaute the same and sell. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Dear Client,

You may sell your flat without mutation to the buyer on the basis of the sale deed. 

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

Hi

In response to your query,

Mutation is a process wherein the earlier owner's name  will be replaced by the new purchaser's name in the Revenue Records.

Case on hand, your vendor's name will be replaced by your name.

As you did not get your name mutated in the Records, however, by furnishing your Sale Deed alongwith that of the present sale deed which you will be selling to your purchaser needs to be furnished to the Department for carrying out mutation.

Yes, purchaser of your property can get his name mutated by following the above procedure and / or the procedure which the Department asks for. (Some States / District Offices have their set procedure to be followed in cases as that on hand).

Good Luck.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

See you can apply for.mutation entery once it is done you can sale the flat or.directly you can sale the buyer can undertake the mutation.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. you must be having the registered title document

2. that itself is sufficient

3. you can simply give a limited POA to your buyer for complying with the mutation procedure on your behalf

Yusuf Rampurawala
Advocate, Mumbai
7515 Answers
79 Consultations

5.0 on 5.0

NO need of mutation, on the basis of sale deed and previous chain of original documents, you can sell.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1. You shall have to file the application for mutation first.

 

2. Thereafter your buyer can buy the flat and pursue with the Authority  to get your name mutated first.

 

3. Finally your buyer shall have to file application for mutating his name as the owner of the property in your place.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Mutation is always not necessary.please consult a local property lawyer with detail papers so that if any documents required to sell that property lawyer can help you. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You have to mutate the property first on your name and then you can sell the property.

The buyer cannot mutate the property directly from the previous owner's name.

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

Dear 

The buyer cannot purchase flat before the mutation records are updated and property tax till date are cleared by you. 

Because mutation is done for revenue records for collection of property taxes .

So you should first update the records in mutation department and then sell the flat. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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