Land and Property Mutation ( दाखिल-खारिज / इंतकाल ) in Himachal Pradesh.
MUTATION meaning in Revenue language – दाखिल-खारिज / इंतकाल and also known as a change or alteration in revenue entries.
Mutation of Property is transfer or change of title entry in revenue records of Revenue office and local municipal corporation. The change in title ownership may occur due to a number of reasons like death of the original ownership and subsequent transfer othe ownership due to inheritance or succession. In the event of a leased property , the ownership can be transfered through an irrevocable power of attorney. Mutation is necessary to update the records so that the land revenue is collected from the rightful owner /user.
Two Types of Mutations
- Agricultural Lands Mutation – First type is very crucial as without the mutation , the land title cannot passed to the new owner. in the case of land acquistion , the goverment will release compensation to the previous owner as the records in the Governement Books were not updated and the new owner will be at loss.
- Non Agricultural Land Mutation – For properties such as independent house , flats , residential plots failure for updating the records may not take away the rights of new owner. If the owner doesnot mutate he/she would not be liable to pay electricity , water and municipal taxes.
The following documents shall be submitted to the Revenue officer by a party acquiring a right in a property:
(1) In case of acquisition of a right through a registered deed i.e. Sale deed, Gift deed, Lease deed, Mortgage with or without possession, exchange deed, family settlement deed, release/relinquishment deed and any other registered deed, the following documents shall be required to be furnished, namely:-
a.) The original deed.
b.) Affidavit(s) of the transferor/parties concerned admitting the factum-of possession having passed to the transferee(s). In case the transferor(s) or the parties concerned are themselves present and admit before the Revenue Officer the factum of the transfer, affidavit of such persons shall not be required.
(2) In case of orders of courts/authorities including orders of revenue courts/ revenue authorities, the following documents shall be required to be furnished. namely:-
a.) Certified copy of such order.
b.) An affidavit of the person presenting such order to the effect that the same has not been set aside or stayed by the court or authority of a higher jurisdiction.
(3) In case of mutual partition, the following documents shall be required to be furnished, namely:-
a. ) A copy of the partition agreement duly signed by all parties in presence of two witnesses.
b.) Affidavit of the parties concerned to the effect that the partition has been executed on spot and possessions taken as per the partition agreement. In case any one or more of the parties concerned are themselves present and admit before the Revenue officer the factum of the transfer, affidavit of such party(ies) shall not be required. Identification of the parties present shall be done on the basis of any one of the documents specified by the Government for such identification required for registration/ attestation of documents presented before Sub Registrar; Revenue Officer.
4) In case of inheritance by “Will”, the following documents shall be required to be furnished, namely:-
a. ) Copy of death certificate of landowner.
b.) The original “Will” or a certified copy. thereof.
c.) affidavit of the person presenting the ‘Will’ that the same is the last ‘Will’ of the testator.
d.) Copies of jamabandi of the land concerned In addition to the above documents, the witnesses to the Will, if still alive, may, if the Revenue officer deems fit, shall testify the authenticity of the ” Will “.
(5) In cases of intestate inheritance, the following documents shall he required to be furnished, namely :-
a. ) Copy of death certificate of landowner.
b.) Affidavit of the person making the report naming therein all the legal heirs of the deceased or a report from the concerned panchayat secretary or the patwari naming all possible legal heirs of the deceased, or a succession certificate obtained from a court of competent jurisdiction.
c.) copies of jamabandi of the land concerned.
The process of Mutation
After Obtaining the concerned documents i.e. Registery ( Sale deed , Will, Death certificate , Gift deed, Lease deed, Mortgage with or without possession, exchange deed, family settlement deed, release/relinquishment deed ) and submit this document to concerned revenue office / Patwarkhana. Patwari or concerned employee of Patwarkhana will contact to concerned person to present in stipulated Mutation day when Tehsildar will attend Patwarkhana for Mutation.
Why property mutation is a cornerstone of property ownership.
- Legal Ownership Confirmation – Property mutation serves as official torchbearer of ownership transfer from the seller to the buyer.It is leaglly validates the alteration in property ownership , providing an indisputable record of the present property holder.
- Prevention of legal entanglements – Proper property mutation the guardian against legal entanglements and disputes . It establishes a transparent ownership record , reducing the likelihood of fraud , unauthorized sales , or conflicting claims.
- Resale and Marketability – Properties with well documented mutation records are more marketable for resale. Prospective buyers often scrutinise ownership history and legal status before committing to a purchase.
Disclaimer
The material and information contained on this article is for general information and educational purpose only .
