• Mutation of property

3 months ago I bought a commercial property and registered on my name. I applied mutation in local Muncipal office, but the buyer objecting to mutation stating that I didn't paid total money. It's not true. After registration can he have right to stop mutation on my name? Can he file caviet petition to stop mutation?
Asked 6 years ago in Property Law
Religion: Hindu

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26 Answers

What was the mode of payment to the seller?

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Enclose documentary evidence that full payment has been made as per sale deed

 

2) once registered sale deed is executed you would be absolute owner of property 

 

3) objections would be over ruled and mutation done in your name 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Once registered sale deed is executed you are absolute owner of property 

 

mutation does not confer title to property 

 

it is only for payment of property taxes 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. After registration of the property in your name, the seller cannot stop the mutation of the property in favour of the buyer in revenue records.

2. You will have records of the transactions of money through Bank and other means, which can be used as evidence, that you paid the entire agreed amount.

3. The seller will have no defense to stop mutation of the property.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

As the sale deed has already been registered in your name, you will be deemed as the legal owner of the property. 

You can approach civil court by filing a suit for declaration where in you would have to prove the sale consideration paid to the seller in order to get a decree of court stating that you are the absolute owner of the property.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Please disclose the contents of the sale deed to enable me to give you a more concrete advice and whether it was registered after payment of stamp duty or not at Sub Registrar office?

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

No he cannot challenge the mutation once the property is registered in your name. 

If he want to stop the mutation then he have to file a case in court for stay on mutation on ground of non payment of consideration.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

No even if he files it will not be maintainable. You can contest the same and if no injunction is granted you can continue with mutation

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

See once he has registered vide sale deed in your favor then in that case his objection is not valid.

You can file reply to objection presenting proof of payment.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See in case property is registered you can file certified copy of sale deed with your reply.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Present the proof of payment.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you are absolute owner you can legally apply for mutation. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

contact a local lawyer and apply for mutation if seller issues any legal notice then you must reply through lawyer . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. He can file caveat to stop mutation.

2. However, mutation cannot be withheld on the ground that buyer has not paid the complete sale consideration. If buyer has not paid the complete sale consideration then seller is free to file a suit for recovery of money or for cancellation of sale deed in the competent civil court, but the revenue authorities cannot refuse to mutate on this ground.

3. You may file a writ petition against the revenue authorities to complete mutation.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

If you have mentioned all consideration amount in the sale deed than no issues if it has been showed as paid. He can't stop you registering the flat on your name in the municipal corporation.

 

No, caveat won't served his purpose because already registration has been happened and secondly who has the possession of the flat.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. The consideration paid has been mentioned in the sale deed registered.

 

2. So, the seller has already agreed in writing that he has received the full consideration without which the sale deed could not have been registered.

 

3. The seller has no right to claim any further amount and/or put objection in your mutating the name before the Municipal Corporation.

 

4. He can not stop mutation of the property if there is a sale deed registered in your name in connection with the said property. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

 You have full right on the property after the sale deed has been registered in your favour.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Has he acknowledged the receipt of the cash?

 

2. Has he acknowledged the receipt of the entire consideration which is required  to be made p[art of the sale deed registered?

 

3. If yes, then he has no further claim in this regard.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

No once the registration process is completed the property belongs to you. The mutation is a mere formality.

Mutation DOES NOT mean/synonymous with--ownership.

He cannot stop you now.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You have all the rights that have been mentioned in the registration deed.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

How can he stop you even. He doesn't have any rights now. Unless the deed is forged and has not been registered or the property did not belong to him.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If entire sale consideration is paid, then only the sale transaction will be  completed.  The recital of your deed will clearly mention that aspect.

In your case, you can go ahead and get your name mutated in the concerned records.

He cannot object for the same.

He cannot file any caveat.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Caveat has got nothing to do with the mutation process.

If he is objecting to the mutation process, you may give a reply or statement to the authorities concerned along with the documentary evidences for the payment of consideration  made to the seller and get it cleared.

If you have already got the property registered to your name  you may produce the details and get the issue cleared.

 

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Once the property is registered to your name by a sale deed, then you shall be the absolute owner with clear and marketable title.

The mutation records are not title document.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

You can produce the details of the transaction you have made towards the sale consideration amount to this purchase and give a reply statement accordingly and get it cleared.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Dear Sir,

If mutation is not done, does that mean title of property is not transferred from seller to buyer, even after registering the Sale Deed? – The title gets transferred to the buyer but mutation of records is always better to show the possession of property.

 

What Is Mutation Of Property?

The municipal body in a city keeps records of property ownership transfers to fix property tax payment liabilities. And this document is a way to ensure that. Mutation of property shows that a property has been transferred from one person to another, and it also assists authorities in fixing taxpayers' responsibility. Although not a legal document, it will be crucial if you want to sell your property in future. Mutation of property in Hindi is called Daakhil-Kharij.

How to apply for mutation of property and what does it cost? And what are the documents required for mutation of property in Delhi or Kolkata? Please note that the procedure and the required documents vary from state to state. But across India you have to file for mutation of property under these three circumstances:


  • If you have bought a property: Documents that you will be expected to submit for mutation of property in this case include a copy of the sale deed, an application for mutation of property with Rs 3 court fee stamp affixed on it, an indemnity bond on a Rs 100 stamp paper, an affidavit on a Rs 10 stamp paper, and latest property tax clearance papers.


  • Mutation of property after death of owner if you are an heir: For mutation of property in such cases, applicants have to submit a death certificate, a copy of the will, an indemnity bond on a Rs 100 stamp paper, an affidavit on Rs 10 stamp paper attested by a notary, and the latest property tax clearance papers.


  • If you have bought a property through a power of attorney: For mutation of property in such a case, you have to submit a copy of the power of attorney papers, a copy of the will, an indemnity bond on Rs 100 stamp paper, an affidavit on Rs 10 stamp paper, and the latest property tax clearance papers, along with an application with Rs 3 court fee stamp affixed on it.

 

Things You Should Know

  • It has to be noted that a very minimal penalty — as low as Rs 25, for instance — is charged if you do not get mutation of property done. And, you can also get the job done when it suits you. However, if you decide to sell your property in future, buyers will surely ask you to produce mutations papers. Not having them in place may jeopardise your chances of selling your asset.

  • Though it's not legally binding, mutation of property is important as it stands as the proof of ownership and might act as a tax record.

  • Property mutation charges differ from state to state. And in most cases, they are in the range mentioned earlier.

  • Mutation of property is not a one-time duty; these papers need to be updated from time to time. A regular update will ensure your property records stand clean.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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