Special Reporter, New Delhi/Lucknow: While buying land, house, flat or any real estate, most people believe that as soon as the registry is done in the Sub-Registrar’s office, they have become the complete and final owner of that property. However, this is not completely true from legal and revenue point of view. Registration is the first legal step in buying a property, but the last and most important step in getting your ownership rights registered in the government revenue records is ‘Dakhil Kharij’ (Property Mutation).
Recently, several new rules have been implemented by the revenue departments of various states to make the mutation process digital, transparent, and expeditious. Therefore, if you have recently purchased land, a plot, or a house, it’s crucial for you to understand the number of days after registration for the mutation process, its rules, and the potential for significant legal and financial losses if you neglect it.
How many days after the registry does the mutation take place? Learn the time limit and rules.
As a general rule, the mutation process can be initiated immediately after the property’s registration is complete. In most states in India (such as Uttar Pradesh, Bihar, Madhya Pradesh, Rajasthan, Haryana, Delhi, etc.), it typically takes 30 to 45 days from the date of registration for cases without disputes.
Currently, as part of digital governance, many states have implemented an “Auto-Mutation” system. Under this system, as soon as your registry is recorded at the sub-registrar’s office, its digital data is transferred directly to the land records portal of the relevant tehsil or zonal office.
- Uncontested Cases: If no objection is filed by the seller, his family members or any third party within the stipulated objection period (usually 15 to 21 days), the process of mutation is approved automatically or by the order of the Tehsildar within 30 to 35 days.
- Contested Cases: If someone files a written objection to the mutation process, citing ownership rights, a will, a share, or any other reason, the case is automatically filed in the Tehsildar or Naib Tehsildar’s Revenue Court. In such cases, the hearing, examination of evidence, and a decision can take 60 to 90 days or even longer .
What is mutation and how is it different from registry?
Often common buyers consider registry and mutation to be the same process, whereas there is a fundamental and legal difference between the two:
- Sale Deed Registration: This is a registered deed conveying property between a buyer and a seller. It proves that you have purchased the property by paying the agreed amount to the seller. It is issued by the Stamps and Registration Department.
- Dakhil Kharij: Literally means “removing the name of the previous owner from government records (kharij) and entering the name of the new owner (dakhil karna). This registers your ownership in the land records (khatauni/jamabandi) of the Revenue Department. Without mutation, the previous seller remains the owner of the land in government records.
These 5 major losses can occur if the mutation is not done.
If you do not get the mutation done in time after purchasing the property, you may face the following serious problems in the future:
- Risk of double sale and fraud: As long as the old owner is registered in the government records, he can dishonestly sell the same land again to some other unknowing person or take a huge loan/KCC on it from the bank.
- Problem in paying property tax: Since your name is not registered in the records of Municipal Corporation, Municipal Council or Gram Panchayat, the property tax or house tax bill will keep coming in the name of the old owner.
- Not getting government compensation: If in future the government acquires that land for any highway, railway or infrastructure project, then the financial compensation will be given to the person whose name is registered in the revenue records (Khatauni).
- Disruption in electricity, water and gas connections: While taking electricity, water or commercial connection after new construction, the concerned government agencies ask for a copy of the mutation/khatauni.
- Hurdles in reselling the property: When you go to sell the property to a third party in the future, the buyer’s bank will not pass the loan and no sensible buyer will enter into the deal without the mutation receipt.
The entire process of mutation and the necessary documents
Both online and offline methods are now available for mutation in most states. You can apply from home through your state’s Bhulekh portal or visit your local tehsil/circle office and complete the process through a patwari or lekhpal.
Required Documents:
- Registered Sale Deed Copy
- Mutation application form filled in the prescribed format
- Identity card of buyer and seller (Aadhaar card, PAN card)
- Affidavit – An affidavit stating that there is no previous dispute or case on the property.
- Latest land revenue receipt (Lagaan/Tax receipt)
- Death certificate and succession certificate in case of inheritance
Step-by-Step Process:
- Filing of Application: After the data is transferred from the Sub-Registrar Office, the mutation application is generated on the online Bhulekh portal or a manual application is submitted at the Tehsil.
- Issuance of Advertisement/Public Notice: A public notice of 15 to 21 days is issued by the Revenue Department to enable anyone to register their objection to the transfer.
- Report of Patwari/Lekhpal: The Halka Patwari or Lekhpal of the concerned area inspects the spot and matches the documents and submits his report to the Tehsildar.
- Final Order and Amendment of Khatauni: If no objections are raised, the Tehsildar issues an order approving the mutation. Your name is then recorded in the Khatauni as the new landowner.
What to do if someone raises objection on mutation?
If someone files a written objection to the mutation during the notice period, the Tehsildar will classify the case as a ‘disputed mutation.’ In such a case:
- Summons are issued by the Tehsildar Court to both the parties to present their respective sides and evidence.
- You will need to submit your original registry, bank payment proof (from which the seller has been paid) and documents proving that the seller had full legal right to sell the property.
- The Tehsildar issues a decision after hearing arguments from both parties. If you are dissatisfied with the Tehsildar’s decision, an appeal can be filed in the court of the Sub-District Magistrate (SDM) or Additional District Magistrate (ADM/Collector).
Purchasing a property is the largest investment of a person’s life. Therefore, don’t just register the property and sit idle. Immediately after the registration, monitor the mutation process. Within 30 to 45 days, register your name in the government records and obtain a verified copy of the mutation certificate and keep it safe.