The lengthy but necessary property transfer procedure, also known as a mutation, is necessary to make sure that the buyer receives the property deed. But what are the regulatory requirements and paperwork related to the procedure? Do the laws differ in remote and metropolitan areas? navimumbaihouses.com makes an effort to comprehend the specifics!

The procedure of altering the owner's name in official documents is referred to as a mutation or property shift. (Municipal bodies or land revenue records). Knowing the stages and regulations involved in the property transfer process is crucial since the buyer is accountable for carrying it out.

Keep in mind that various regions have varying names for land income documents. In Maharashtra and Gujarat, for instance, they are known as 7/12; in Punjab, Haryana, and Rajasthan, as Jamabandi Nakal; in Uttar Pradesh and Bihar, as Khasra/Khautani; in Orissa and West Bengal; and in Tamil Nadu, as Patta/Chitta.

Why is the transition of land important?

As the seller, you must be honest and make sure the customer completes the task as soon as feasible. The buyer notifies the relevant municipal council or the government's land records division through the mutation of the property that a transfer of possession has taken place and that the property now has a new proprietor. The local company or the land records division will then be aware of the property's owner and to whom to deliver property tax bills. The kind of property you sold affects how important it is to have a modification performed.

Transfer of land outside of municipal boundaries and in a rural region

Property mutation is essential if you have sold a piece of land in a remote region because, without it, the transfer of ownership title will not be completely complete. After the sale deed is signed and filed, it is strongly advised that you, the vendor, make sure the buyer completes this process as soon as possible to avoid any misunderstandings regarding the possession of the relevant property parcel.

Property transfer involving metropolitan regions

When you register the property through a sale deed, which will happen as soon as you sell a unit in an urban region, title will pass. In this case, mutation is more of a formality that needs to be completed after the selling title has been registered.

Transfer of property situated in urban areas

The transition of title will happen as soon as the property is registered via a sale document in the event that you sell an apartment in an urban location. In this case, mutation is more of a legal formality, but it should be done as soon as the selling document has been registered.

Methods for transferring property

There are numerous methods to pass a property to the buyer. Depending on the circumstance and necessity, these may change. Here are a few typical methods for transferring property from a vendor to a buyer:

Sale Deed

Property can be transferred most frequently through a selling contract. A sale deed is signed by both parties when one individual transfers land to another. Ownership will be given to the vendor once the title has been recorded in the sub-registrar's office. If a vendor makes any money off of the deal, they will need to pay capital gains tax.

Gift Deed

The use of a gift document is another well-liked method of property transition. According to Section 122 of the Transfer of Property Act of 1882, giving away a property must be done voluntarily. Since there are no taxes to pay, it is a preferable way than a sale deed.

Relinquishment Deed

If there are numerous owners of the land and one of them is ready to transfer their ownership interest, a relinquishment deed is a possibility. The document is utilised to transfer possession to a co-owner. In these situations, only a specific area of the land is subject to the stamp tax.

Partition Deed

In the situation of properties that are held collectively, this transfer process is used. To precisely identify each person's share, it is carried out during the property division process.

Will

You can transfer property through a will as well. This kind of move, though, won't take place until after the person has passed away. Such transactions are exempt from taxes.

Documents needed in India to move land

While the procedure and paperwork may differ from State to State, the buyer will typically need a few important records, such as:

•             Application for modification properly completed and stamped with court cost

•             Indemnity bond on stamp paper with the required amount and a copy of the selling deed (usually stating that the buyer agrees to indemnify and compensate the concerned authority against any claims, losses or damages faced by the authority which may arise due to it conducting the mutation of the property)

•             Affidavit with the necessary amount on stamp paper (usually stating that the buyer will comply with all terms and condition of mutation and that the property has not been acquired through misstatements or concealment)

•             A duplicate of an identification document (ID), such as an Aadhaar card

•             Money from previous property taxes

Unless otherwise jointly arranged, states typically charge a minimal cost of between Rs 25 and Rs 100 to perform the mutation, which the customer also pays.

After that, it is the buyer's duty to show up at the office of the relevant authority with all required documentation. Authorities must also physically inspect the premises.

A proclamation is made in remote regions calling for any comments regarding the suggested mutation. The final day (typically 15 days after the date of proclamation) during which any objections will be considered is made public. The mutation is approved if no objection is received within the allotted period.

A mutation document is given to the buyer once the local authority has updated its data, which could take anywhere from 15 to 30 days. It might take a month for land income records to reflect the shift in land proprietorship in the event of a land parcel mutation.

In order to fully complete the formal selling procedure after selling your land, the mutation of property is essential.    

Source From: navimumbaihouses