• Mutation certificate

Is mutation certificate mandatory if I purchase a property out of a registered gift deed. The property was gifted to a daughter by her father when he was alive. What are the documents that I should look for?
Asked 1 year ago in Property Law from kolkata, West Bengal
Religion: Hindu
1. It is very unsafe to purchase a property which has not been mutated in favour of the owner. 

2. Tell the daughter to apply for mutation which should not take more than a week to be sanctioned.
Ashish Davessar
Advocate, Jaipur
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451 Consultations
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1) check whether father was absolute owner of the property 

2) how did property devolve on the father 

3) whether gift deed was duly stamped and registered ? 

4) mutation certificate is not mandatory . it is only for revenue records and is not document of title to property 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
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You should inspect the title deed of the property, gift deed, property tax and the mutation certificate.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
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1) you must contact a local lawyer and obtain his certificate that title s clear and marketable

2) your lawyer will take 30 years search to check whether title is clear and marketable and free from any encumbrances  

3) dont part with your hard earned money without doing due diligence of the property in question 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
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Mutation certificate is not a proof of title and the same is merely a presumption of it. If the title is good then you can ignore the same.
 The check list is long. Primarily ask for title deed only perusing which the consulting lawyer can advise further.
 Feel free to contact.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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Mutation of revenue records is different from registering the property in your name. 
She cannot refuse to get the property mutated on your name since you become the lawful owner of the property by the virtue of the sale deed executed by her in your favor. 
She may have thousand reasons for avoiding to come to the Revenue office to sign the papers for mutation or the records in your name, but that cannot stand legally, she cannot have any excuse than to do it which was already agreed by her in the sale deed itself. 
Apart from the mutation, you may obtain the patta, if any, encumbrance certificate, original title document namely registered gift deed, title document of the donor who gifted the property, original parent document, tax receipts, any other relevant papers/documents.  You may also take a legal opinion from a local lawyer by producing the papers before going for purchase. 
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
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1. Mutation means changing the name in the record,

2. It is not mandatory to claim the title of the property since Title Deeds denotes the ownership,

3. However, all are required to pay tax for the landed/immoveable property for which mutation in the name of the title holder is required to be done,

4. In case any dispute arises in connection with the property not having mutation in the name of the title holder may become an issue against the itle holder.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
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1. It is strange hat she does not want to mutte her name in the records though she is the Title older of the property,

2. Find out in whose name the property has been last mutated. Is it still in the name of her father or in some other person's name?

3. She has to apply for the mutation in presribed form by submitting copy of the Gift Deed eceuted and registered in her favour.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0

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