When a property or landis transferred or sold to the buyer, the buyer needs to initiate the mutation process in order to change the title ownership from the seller to his name. This process is necessary to ensure that the immovable asset is now recorded on the new owner’s name in the land revenue department and the property tax will be charged from the legitimate owner by the government of West Bengal. Today in this article we are going to discuss the nitty-gritties of this legal procedure for West Bengal and Kolkata with the help of a real estate lawyer in Kolkata.
Significance of Property Mutation:
The change of title ownership is legally termed as Property Mutation. It is a crucial procedure of any legitimate property transaction in West Bengal and Kolkata. Once the process is done the owner of the property gets all the revenue receipts on his name and the details will be updated in the records governed by civic bodies like Panchayat, Municipalities and Municipal Corporations.
- The mutation record is an important document against any disputes on land.
- To fix the payment liabilities of the property tax, this record is necessary.
- To substantiate the ownership of a particular property, mutation record is needed.
- At the time of selling the property, the present owner must submit the mutation record for the due diligence process.
- In case of a jointly owned property, mutation certificate will reflect all the co-owners names.
When to Initiate the Property Mutation?
- When you get the ownership of a property through sale deed or gift deed.
- When a transfer of land happens because of Inheritance or Will deed.
- When someone purchases a property through a legitimate power of attorney. Here, one must remember that according to the judgement passed by the Supreme Court of India in 2011, no property can be sold through the power of attorney. However, the Supreme Court has also clarified that genuine transactions carried out through General Power of Attorney would be valid.
- When you buy a property from a legitimate seller.
In case you are planning to buy a land, it’s mandatory to get the property mutation done because without this procedure the transfer of ownership will not be legally established.Since the mutation certificate is required to substantiate the ownership, the land buyer must get it done within 3-6 months of purchasing the land to avoid any further legal disputes. Once you submit the required paperworks it will take few monthsfor the government records to show the change of ownership in West Bengal.
In case you are planning to buy a residential property, mutation can be done after completing the property registration in West Bengal. If you want to resale the same property in future, you will have to submit the mutation document. Without mutation you cannot avail essential utilities like water and electricity supply. After submitting the necessary documents it may take 15- 30 days to update the record and after that you will get the mutation certificate on your name. However, the time period varies depending on municipality or panchayat area in West Bengal. The following diagram gives an overview of mutation requirements in West Bengal and Kolkata:
Judgement of the Supreme Court to Substantiate Ownership with Mutation Certificate:
According to the Apex Court, mutation certificate does not grant the title of a property to a person. In January 2021, in a declaratory suit, the Supreme Court said that the property owner will have to establish ownership of the property independently, while declining a special leave petition filed by the Bruhat Bengaluru Mahanagara Palike.
In 2019 as well, while passing a judgement on the case of Bhimabai Mahadeo Kambekar v Arthur Import and Export Company,the Supreme Court said that the mutation certificate does not prove or deny title of ownership over the land.
Documents Required for Property Mutation:
Although the mutation process varies between different municipalities and panchayat areas in West Bengal, there are few basic documents one needs to submit to get the mutation process done. In West Bengal, to get the mutation certificate, the following documents are representative of what needs to be presented:
- Mutation in case of sale of a property
- Duly filled mutation application form with a stamp affixed
- Photo Copy of Sale or gift deeds
- Photo Copy of Registration deeds (both present and previous)
- Declaratory Affidavit on stamp paper of requisite value
- Receipts of up to date property tax
- Identity Proofs such as Aadhar card
- Other such documents establishing devolution of property
- Photo copies of BL and LRO Parcha and Khajna receipts
- Original Existing Mutation Certificate
- Photo Copy of Municipal Building Plan
- Photo Copy of Municipal Building Completion Certificate (CC)
- Letter Declaration for Tax
- If no Previous Owner with Tax and Mutation then Declaration before First Class Magistrate
- If it is an apartment then Photo Copy of Possession Letter
- Photo Copy of Development Agreement
- Photo Copy of registered amalgamation deed in case of joint land
- Photo Copy of General Power of Attorney
- Mutation in case of Inheritance or Will
- Copy of Succession Certificate or Probate of Will
- Death certificate
- Copy of Power of Attorney
- Receipt of up-to-date property tax payment (in case of Power of Attorney)
- Affidavit on stamp paper
- Identity Proofs such as Aadhar card and all other documents as mentioned above for mutation during sale of a property
Mutation Fees and Process in West Bengal and Kolkata:
Buying a property is not a child’s play and you must take assistance of an experienced property lawyer in order to avoid any possible legal obligations. The fees associated with mutation varies throughout West Bengal depending on the nature of the property as well as the steps involved.For more information in this matter or if you need help with mutation of property in West Bengal and Kolkata then contact here or email firstname.lastname@example.org with your queries.