From Ownership to Identity: Navigating Land Record Name Updates

Change in property record names

The most common reason for a change in land records is the sale of land. When someone buys a property, be it land, an apartment, or a building, the ownership is established through a sale deed. This agreement outlines the terms of the transaction and is registered with the sub-registrar's office, with the payment of the registration fee and stamp duty. However, property tax receipts, property cards, and survey documents are not considered definitive proof of ownership. To establish ownership, the owner must apply for mutation of the land title, which is a record of the land ownership issued by the local government. In case of any land disputes or property tax concerns, it is imperative for the land owner to have the land title, and this can be done through mutation.

It is important to remember that in the eyes of the law, a registered sale deed does not confer title of ownership. It only serves as proof that the ownership has been transferred through a transaction. 

Why is mutation important after registration?

Land records like registered sale deeds, property survey maps, land titles, etc., are maintained by different departments of the state and municipal governments. These departments often work in silos, and updating the records in one office is often not communicated to the others. In some cases, periodic property assessments and property surveys are not undertaken regularly. This means that as a landowner, it is important that you update all the records when you purchase a property.

What is mutation of land records?

The land revenue department or the land records office maintains land ownership records. Mutation is the process of updating the land record name, often referred to as 'Dakhil Kharij' in many states. The implications of mutation on agricultural and non-agricultural land are very different.

In the case of agricultural land, mutation is mandatory and is the primary record of ownership. A sale deed is prepared and registered during the sale of agricultural land, but the sale process is not deemed complete until the mutation is done and recorded.

In the case of non-agricultural land and property such as flats, apartments, or buildings, the registered sale deed is often considered to be proof of ownership. However, mutation and change in land record name are essential for paying property taxes and applying for utility connections.

How do you apply for mutation of land records?

When a property is bought, the buyer must apply for a change in land records by submitting a mutation application to the local tehsildar's office. The application must be accompanied by a non-judicial stamp paper and supporting documents such as the registered sale deed, property tax receipt, and property card. After this, the tehsildar's office will issue a proclamation asking for objections. The mutation will be processed if no objections are raised within the stipulated time period.

Obtaining mutation certificate online and offline

Once the mutation is complete and the records updated, the land registry office or the tehsildar's office will issue a mutation certificate.

You can apply for the mutation certificate online in some states, provided you have the necessary supporting documents. For example, if you want to apply for a mutation certificate in Maharashtra, you can register and apply through this link. However, in some states, you may need to visit the land records office and apply offline.

The mutation and updation of land title records are typically completed within 15 to 60 days of application in most states.

Getting professional help

Understanding the significance of updating land records and the new owner's name in the land revenue office after the transfer of property ownership is important. This process can sometimes be complex, and it is advisable to seek professional help from a lawyer with experience in real estate transactions to ensure a smooth transition. In some states, guidelines suggest undertaking the mutation or updating of land records every six months, but this is rarely followed. As a land buyer, it is essential to follow the proper process for updating the land title and securing your property when you buy a property.