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Mutation of Land and Property (इंतकाल/ दाखिल खारिज) को आसान भाषा में समझिये - YouTube
Channel: Asset Yogi
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Namaskar, my name is Mukul and welcome to AssetYogi
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where we unlock the knowledge of real estate and finance.
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Today we are going to talk about a very important topic
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that we call mutation of property.
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I have a friend who bought a farmland
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and he got cheated. Why?
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Although he got his sale deed registered.
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So if we see legally he became the owner.
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but he got cheated because the Mutation of land was not done.
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So what happened, the land he bought
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was resold by the old owner.
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why did this happen?
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We will know in detail in this video.
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So what are we going to discuss in this video?
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Firstly that,
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there are two type of properties
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one is your agricultural land.
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it's mutation has to be done.
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Second type is of
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any other type of land or built up propery.
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may it be residential, commercial, or industrial, any type of property it is
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its mutation is done in a different way.
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A lot of people have a lot of confusion that do I need to
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do mutation of only my agricultural land or all the property.
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So I will say you need to do mutation for both types of properties.
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But you need to do that in different locations
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and they are on different government records.
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And what the benefits, drawbacks, and importance of both
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we will know everthing in this video.
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let's go directly to my computer screen
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do watch this video from beginning to the end
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so as to not miss any important points.
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So first of all let's understand what is property mutation?
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So if I talk about the English word 'Mutation' what does it mean?
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Mutation means permanent change.
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So now in property mutation what type of change is happening?
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So if we talk about the defination
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it is the change of the owner's name in government records.
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So in government records suppose the owner changes because of any reason
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any type of ownership is being transfered.
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So it is also important to change it under government records.
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So now what type of government records are these?
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Generally, they are revenue records or
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municipal bodies or municipal corporations.
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So if we want to understand in more detail,
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we need to first understand, what type of
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properties are there and how their mutation is done.
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So if I say broadly there are mainly two types of properties.
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One type is of agricultural land
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it's mutation is done in a different way.
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And the second type of property is any other kind of property like
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residential land, commercial land, any industrial plot
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or any other kind of land it could be.
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And along with that, it could be any built-up property, commercial property
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office space, retail, mall, anyone kind of property it could be.
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So mutation is done for both these types of properties.
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But mutation is different for both properties, let's see that
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how it happens but before that lets understand that
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how this transfer of ownership be done.
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Either any sale deed could be executed suppose the property is sold
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or this property could be gifted from one relative to other
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at that case gift deed is signed
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Or this could be a legal inheritance, suppose
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the owner dies due to some reason or even if dies naturally
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so at that case their legal heir or their successor
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get's the ownership, the property is transferred to their name.
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Or if there is any will, the property could be transferred through that.
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or if there is an exchange deed, suppose someone exchanged their properties.
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Or any other kind of transferred deed is signed
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so at that case also property could be transferred.
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Now what happens is we, this is not the final document
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at that case
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it is very important to do mutation under these government records.
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So to understand this let's understand in detail
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that how agricultural land is transferred and what is the process
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for another type of properties.
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So if I talk about agricultural property how its ownership is transferred
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so first of all the price is negotiated, suppose the buyer and seller
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negotiated a price for a farm land let say
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in under Rs 10 lakh the property
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is ready to be sold.
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After that there is an agreement to sell, all terms and conditions are
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mentioned in it that, how much in advance will the
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buyer will pay to the seller.
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In how much time it will complete the payment, what type of default penalty
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will be set, all these kinds of things are mentioned in it.
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Then after complete payment, finally
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sale deed is executed and this sale deed is registered
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at Sub Registrar's office.
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So till it is not registered it is not valid legally.
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Now a lot of people think their work is done here, they have registered
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sale deed, so the land is theirs.
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But this is not the case, in the case of agricultural land
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sale deed is not the final document.
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The final document is accepted according to government records.
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That we call as mutation.
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So now this mutation, in a way under government records
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is mentioned that once your sale deed is registered
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after that you get it changed in the government records.
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So these government records are your land revenue record
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we know it by name names in different states.
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So if we talk about Gujarat and Maharashtra it is called 'SAAT BARAH' .
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There are some northern states like Punjab, Haryana, Rajasthan, etc
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it is called as 'JAMABANDI NAKAL'.
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So all these revenue records are also available online
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nowadays digitisation has happened.
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You can also see these revenue records that who is the actual owner.
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So it is very important for this reason that in revenue records you
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get it updated whatever land you bought.
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After that in some states like UP, Bihar it is also called 'khasra khatoni'
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After mutation, your final ownership is transferred, and the jamabandi records
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or saat barah records
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is known as final transfer ownership record.
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We will also know why is it so important to update these.
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Before that let's also talk about built-up property and other types of land
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that is the process for these for ownership transfer.
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So suppose this is a property that you bought,
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so what will be the process for this?
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In this also, first of all, you will negotiate a sale price.
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Then agreement to a sale where all terms and conditions for sale will be mentioned.
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After that you will execute sale deed.
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Now in this case the sale deed is the final owner transfer document.
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In this case, it is not important to update revenue records.
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So these built-up properties or any other kind of land
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in these mutation is not the final final document.
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So what is a mutation in this case? Mutation is
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record updated in the municipal corporation we call as mutation.
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Let say if in Delhi there is Municipal Corporation of Delhi MCD.
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So in MCD you need to update your record
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and why do you need to do so? Because the property tax
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will be paid on who's name those records are updated.
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So here it is not the ownership document it is just to update details of
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property tax it is updated in the municipal corporation.
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So you can see there is a little difference in both the cases
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that how ownership gets transfered in case of agricultural land
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mutation or the government records like saat baraj, jamabandi,khasra khatoni
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details of these will be accepted as final record
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and in case of any other property, the sale deed acts as the
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final transfer document.
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I think you must have understood what is mutation and why is it necessary.
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Now, let's see what are the benefits and why property mutation has to be done.
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So if we talk about agricultural land, why is it important mutation is important.
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First, as we talked it is the final ownership record as per government records.
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If government records are not updated, so the owner of the property according
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to the government, the previous owner who sold you is considered as the owner.
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After that, a very big reason is you can avoid fraud.
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Now in a lot of cases
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I don't have the stats by in fact I have seen from my own eyes
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lots of frauds happen.
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And how does fraud happen? Suppose in government records the previous owner
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is someone 'A' so according to the government 'A' is the owner of the property
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and you 'B' will not be considered as the owner.
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So at that case 'A' can re-sell the property.
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So suppose he sold you first after that sold from 'B' to 'C' and 'D'.
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So he can sell it to multiple buyers, so there are chances for fraud
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and this happens a lot in the case of agricultural land, hence
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it becomes very impotant to update record in jama bandi or saatbarah.
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Then the third very important reason is that according to the government
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'A' is still the owner of the property so the compensation suppose the
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the government sometimes what happens is that it acquires land for some projects
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so the compensation will be given to 'A' and not you because
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according to the government, you are not the owner.
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So these are the three very important reasons
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to get mutation of the property done.
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In another case, if there is another type of land or built-up property
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so why is it important in that case?
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So it is mainly important for property tax purposes.
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And this is not any ownership proof, there is just property tax in it
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so in agricultural land, you can see ownership is getting transferred
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it is a proof of ownership.
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But in the case of built-up property, it is just for property tax.
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So this was all for what is mutation and why getting it done is important
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now let's see how can mutation be done and what all documents are required.
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So first of all you need to submit a copy of the registered sale deed when you
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in both the cases, built up case and as well as in case of agricultural land
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sale deed will be registered regardless.
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Or any other transfer document like will or
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gift deed whatever the final transfer document is, a copy of that is required.
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After that, an application is required for a mutation to be given to the tehsildar
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it is given to tehsildar in case of agricultural land
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or in some states we know him as talhati
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so an application is given and along
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with an indemnity bond is signed on stamp paper.
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An affidavit is signed on stamp paper and is submitted.
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So other than these types of documents in case of a different kind of land
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from agricultural land like built up property in that case
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The latest receipt of property tax is submitted for that
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if property tax payment is latest or not.
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And suppose any of these documents is executed through Power of Attorney
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suppose the buyer or seller has not executed it directly through
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Power of Attorney, then a copy of that is also required.
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So these were general documents that are required in all the cases.
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Other than that suppose if there is an inheritance or a will
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suppose the owner died then in that case
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inherited land or property will be transferred to the successor
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so in that case death certificate of the owner is required
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along with that if there is a will or succession certificate
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a copy of that is required
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and suppose a Power of Attorney is involved
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then a copy of that is also required.
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So I think we have covered all major points related to mutation.
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First, we saw what is property mutation and in both cases
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for agricultural land and built up property.
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And then we saw why mutation is required in both cases
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and in what way mutation of the property could be done.
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So finally let's see an example as we talked about in case of agricultural land
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revenue records need to be updated.
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So let's see an example of jamabandi that what type of final document you get
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you can nowadays download it as well.
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So this is a case of Rajasthan, jamabandi of where I am showing right now
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So you can see this is from Neemdrana, Kolilasanga
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this is the name of the village, tehsil Behrod, district Alwar
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Then here the details of the owner are mentioned, that who is the real owner
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then here you can see the area is given in hectares.
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So you can see here it is mentioned Land record number
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so what is the Land record number exactly.
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and what is its total area? So it is 1.1100 hectare.
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What is the description? What type of land it is?
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So this Barani Uttam is written over here
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that is the description of what type of land it is.
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So if there is any tax on the farmer then its details are mentioned here.
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In what way does the farmer irrigate the land, that detail is also mentioned.
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And along with that here also the details of the owner is mentioned
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that how the land is transferred or is there an mortgage over it
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or if the land is on a lease, all that details are mentioned over here.
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So finally like this, it is important to get mutation of property done
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in government records so that your ownership could be reflected
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in your jamabandi panji.
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Now finally let's see about if built-up property or any other type of land
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so in this you need to update your property tax details.
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So as we are seeing an example of Delhi
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so here your name will be updated over here
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when you will get your property tax details updated and the description
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of your property will be mentioned over here with the address.
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and here will be your contact number.
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So you can see from 2012-13 to 2016-17
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this property tax is paid and that too all at once.
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So in this way, you will get the receipt of property tax and finally your
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details will get update here.
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If you liked this video then do like and share it.
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If you have some suggestions related to this video or have a feedback
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or you want to share your experience
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then please comment below.
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So let's meet in the next video
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till then keep learning, keep earning, and be happy as always.
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