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What is Property Mutation?
When there is a change in property ownership, a crucial legal procedure known as property mutation or transfer of property ownership is necessary. To facilitate the seamless transfer of property rights from one party to another, the Tamil Nadu government has laid up a process that requires many procedures and careful paperwork.
A property mutation in Chennai is required when its title is changed or transferred and recorded in the local municipal corporation’s revenue records. A multitude of circumstances, including the demise of the original owner and the subsequent transfer of ownership through inheritance or succession, can result in a change of title ownership. An irreversible power of attorney can be used to transfer ownership of leased property.
Advantages of Property Mutation in Chennai
Although sometimes seen as a governmental formality, the property mutation process offers several significant benefits for both the government and property owners. Let’s explore some of these advantages:
- Official Recognition of Ownership: Property mutation legally certifies a change in ownership. It establishes the new owner’s rights over the asset and reduces the likelihood of future ownership disputes. Without mutation, the law might not recognize the transfer of property ownership, potentially leading to complications and issues later on.
- Property Tax Evaluation: Property mutation enables local government agencies to accurately assess and collect property taxes. Changes in ownership may affect a property’s tax liability. Mutation ensures that the correct owner is paying property taxes, reducing tax evasion and generating revenue for local governments.
- Access to Public Services: Property mutation may be necessary to access various government services and benefits related to land ownership. For instance, having up-to-date property records with the correct owner’s name might be required to apply for loans or mortgages, receive subsidies or grants, or participate in government-sponsored programs.
- Unambiguous Title: The mutation process ensures that the property’s title is clear and up-to-date in official government records. This is crucial for confirming that the property is free from encumbrances and legal issues, establishing a clear chain of ownership. A clear title enhances the property’s marketability and facilitates future sales or transfers.
- Fraud Prevention: Mutation helps prevent fraudulent transactions and property-related fraud. By updating ownership records and verifying the authenticity of transactions, mutation reduces the risk of property-related scams and ensures the integrity of the land registration system.
- Government Documentation: The Revenue Department, Municipal Corporation, and other relevant entities maintain updated records through mutation. These updated records promote better governance and management of land resources by ensuring transparency and accuracy in land ownership records.
Eligibility to Apply for Property Mutation in Chennai
In Chennai, there are various circumstances that allows various people to initiate and apply for property mutation. The eligibility criteria and people who can apply for property mutation is listed,
- When a buyer buys a property, they can file for property mutation to change the ownership records to reflect their ownership. By doing this, their ownership rights over the properties in Chennai are recognized legally.
- Property mutation can be requested by the present owner of the property who wants to give ownership to a buyer. This usually happens after the ownership rights are transferred to the buyer and the selling deed is finalized.
- The beneficiary of a gift or inheritance can formally establish their ownership rights by applying for property mutation. This procedure guarantees that the property transfer of any kinds of property like plots, villas, and apartments in Chennai is acknowledged by law and is properly recorded.
- The beneficiaries or heirs have the right to request a property mutation in situations where the property was inherited following the death of the prior owner. This makes it possible for the legitimate heirs to inherit the properties in Chennai from the dead owner.
- A legal agent, such as a guardian or attorney, may file for property mutation on behalf of the property owner in specific situations, such as when the property owner is a minor or unable. This guarantees the steady progression of the mutation process and the protection of the owner’s rights.
- Trustees may be appointed to oversee the management and administration of properties held under trusts. In these situations, the trustee may file an application for property mutation to transfer the property in accordance with the rules of the trust or to reflect any changes in ownership.
- The executor of a will who has been appointed by the property owner to oversee their assets upon death may petition for property mutation under the conditions set forth in the will. This guarantees that the property is distributed in line with the owner’s intentions to the chosen recipients.
Documents Required to Apply for Property Mutation
Some of the significant and most essential documents that are required to facilitate mutation process for properties in Chennai are,
- Title deed of the property
- A copy of Sale deed
- Property tax receipts
- Property mutation application form
- Affidavit of property mutation on stamp paper
- PAN Card
- Voter ID
- Aadhar Card
- Previous and current registration deed
- Succession certificate
- Indemnity bond
- Encumbrance certificate
- Death certificate of the owner
Step by Step Guide for Property Mutation Process in Chennai
Property mutation in Chennai is done with a few simple steps. Those steps are listed as follows,
- Step 1– The first and foremost step is to collect all the documents that are necessary for the mutation process. Some of the most essential documents are property deed, sale deed, address proof, and identity proof.
- Step 2- On collecting all the necessary documents acquire property mutation application from the municipal corporation office. Fill out the form with all the necessary details
- Step 3- Upload all the necessary documents in the online portal provided by the Tamilnadu Government and submit the application form. Once done, pay the mutation fees.
- Step 4- Obtain the acknowledgement receipt after submitting the application form.
- Step 5- Concerned authorities will verify the application form and documents submitted and will proceed with the mutation request.
- Step 6- After the mutation approval, the details provided will be recorded in the official government database.
- Step 7- Once the process is over, obtain the property mutation certificate
Property Mutation Vs Property Registration
Property Mutation- Property mutation is a process which allows to change the ownership of property in the official records. Unlike, property registration this does not transfer the ownership. Only mutation does not establish ownership it is just an administrative change.
Property Registration- Property registration is a process that facilitates the transfer of the ownership of the property. This is recorded in the sub-registrar’s office. Property registration establishes and reinforces the home-buyers rights over the property.
Frequently Asked Questions
1. What is the cost of property mutation in Chennai?
The cost of property mutation ranges from anywhere between Rs 25 and Rs 100. This is a one-time fee that should to paid to ensure the ownership of the property documents.
2. When should I complete the property mutation process in Chennai?
Property mutation in Chennai can be done any time after the completion of property registration. However, it is advisable to complete the mutation process within 3 to 6 months to avoid any legal complications.
3. Is it mandatory to do property mutation after purchasing flats in Chennai?
No, mutation of property is not made mandatory by the government. However, this will help ensure a safe and secure purchase meanwhile avoiding any legal complication in the future.
4. What should I do if my property mutation application gets rejected?
If your property mutation application get rejected you can apply for it again. However, it is essential to keep in mind that you can only reapply after 30 date of application rejection.