Mutating an estate or a plot is a compulsory method in all official proceedings including the property. Change in title/ownership becomes necessary for determining the tax liability at the time of the equity ownership getting changed. By the mutation of land, an individual can get the justice of the land. To bypass the dispute over the title of the land, the change in ownership name is performed by each of the parties that are the buyer as well as the seller.
A mutation requires to be transferred in all matters of estate title alterations such as replacing or buying of assets, the loss of the estate owner, and also a possession made through control of the Attorney. By performing the mutation procedure, the new owner obtains the title of the assets listed in their name in the property revenue department and allows the Government to impose a property tax. Mutation becomes necessary for determining the tax obligation when the estate proprietor is changed.
Land Mutation in Bihar
Mutation of capital is the modification or change of ownership/title from an individual to another when the estate is sold or assigned to some other person. By mutating an estate, the latest owner receives the ownership of the property listed in his or her title in the estate revenue department, and the administration of Bihar (the official responsible for Bihar land mutation). The variation in title ownership might occur because of many reasons such as the loss of the original owner and transferring the land to the new owner due to inheritance. In the event of rented property, the title can be given through a certain power of attorney.
When is the mutation of the land or the property required?
The land mutation is required depending upon the type of land and the change of title/ownership. The mutation is necessary for determining the tax liability when the owner of the property/estate is changed.
The Mutation is of two types:
- Mutation of Agricultural lands
- Mutation of Non-agricultural lands
Mutation of Agricultural lands – A mutation is necessary when the case is about the agricultural lands. One cannot transfer the land ownership/title if the procedure of the mutation is not followed. In the revenue records, the owner’s name and the mutation need to be entered. The compensation shall be granted by the government to individuals who have registered or enrolled their name in the records of revenue.
Mutation of Non-agricultural lands – A failure to transfer the title or ownership of properties like residential plots, independent houses, flats, etc. does not deny the rights to sell them. This indicates that the buyer’s name will be unchanged, and they will still be the proprietor of the estate. If the proprietor does not change these structures, they will not get water and power connection and are not inclined to give municipal tax.
When should one apply for property mutation?
You should appeal for the assets mutation or require to get the shift of title of property arranged in the following circumstances to bypass any legal conflicts:
- After buying/purchasing assets.
- After acquiring a property via Will or without a Will.
- After getting a property by a Gift Deed.
Documents Needed for Mutation Procedure
Mutation in case of selling the property
The subsequent documents are required for mutating:
- Application form for mutation along with an attached stamp
- Registration deeds (current as well as previous)
- Sale deeds
- Affidavit on stamp paper of the necessary value
- Receipt of property tax payment
- Ration Card
- Aadhaar Card
Mutation in the matter of Will or Inheritance of the property
- Death certificate
- Proof of Succession Certificate
- Receipt of property tax payment in a petition of Power of Attorney
- Affidavit on stamp paper
- Application for modification in the title (mutation) with a stamp affixed
- Registration deeds (current as well as previous)
- Proof of Power of Attorney (copy)
- Sale deeds
- Affidavit on stamp paper of necessary value
- Receipt of property tax payment
- Ration Card
- Aadhaar Card
How to file a petition for land mutation in Bihar? (Online procedure for Dakhil Kharij in Bihar)
The candidate must understand the below-given actions to ask for the mutation of property in Bihar state:
Step 1: The candidate can go to the official website of Bihar Bhumi.
Step 2: The candidate should click on the “registration” tab to register on the web portal for the initial time or they can click on the “Login” tab if they are already registered on the website.
Step 3: Once the candidate has logged in, choose the district and circle option. Click on the “Apply New Mutation” tab once you are logged in.
Step 4: Then, the candidate has to choose the “On Application” in the Mutation initiation type tab.
Step 5: Momentarily the candidate has to fulfill all the necessary information and then click on the Save as Draft and Next option.
Step 6: On the uploaded document web page, upload a PDF file of the Sale Deed and then click on the Save tab. The candidate will receive a receipt after this which will be preserved, and one can take the print of the PDF file.
Offline Procedure
The candidate can get the application form by going to the nearest district office. The candidate may also get the application online by downloading. After adding all the details in the application form, including all the needed reports to the RTPS table, then the candidate can obtain the receipt. They will get one copy of the notice by post. As mentioned in the notice, they need to go to the circle office along with the original document. They may deliver the form to Rajsaw Karamchari with a photocopy of PrapaTra-II that shows the change of land ownership from the seller to the purchaser. Afterwards, the Rajasaw Karamchari will give them a property revenue receipt that consists of the Jamabandi number.
Processing of the application
As soon as the landowner gives all the needed papers, the revenue inspector or evaluating officer will check the reports. The officer might also investigate the assets and will concoct the application. A Mutation Certificate is assigned after concocting the request in many cases.
Mutation of the plot is recorded, interpreting evidence of change of ownership. The person needs to check for modification with the revenue office from time to time to guarantee there is no legitimate fraud practising.
Check Status of Application Online
The method to check the mutation form is illustrated below:
Step 1: The candidate must visit the website of BiharBhumi by clicking on the link (http://biharbhumi.bihar.gov.in/BiharBhumi/MISRegister2/DistrictMap.aspx) and after reaching the homepage, click on the “Application Status” tab.
Step 2: Now, the candidate has to choose the District and Subdivision.
Step 3: The candidate can review the application status of the transfer of ownership/title by choosing any one of the alternatives such as Case Number, Applicant Name, or Mauja Wise.
Step 4: Choose the case number from the dropdown list. Now the candidate can see the status simultaneously with all details related to the specific property. They can additionally take a photocopy of the receipt.
The time limit for land mutation in Bihar
A buyer is required to file a petition for the Dakhil-Kharij in one to three months after the title/ownership change or once the mutation of the property, land, or plot is done.
How much time does the procedure of land mutation take in Bihar?
A minimum of one month is needed for the alteration to be recorded in the government’s documents after the buyer appeals for the title/ownership change.
Why mutation is essential in Bihar?
The Bihar government adopted an addendum to the listing rules that bar one from marketing for giving property as a gift in the function of implying its legitimate heir.
Records of Mutation do not present the title of an estate of an individual, in the eye of the Supreme Court. At the time of passing its decision at Bhimabai Mahadeo Kambekar in comparison to Arthur Import as well as Export Company in 2019, the highest court had stated that mutation listings of tax records did not formulate or exterminate ownership over the property. The SC added such records did not hold any assumptive power on the ownership of such property.
Important points
Mentioned below are various essential details on the mutation of resources:
- The mutation of an estate is very essential whether the estate is a small land or an apartment. However, mutation on a property is very important.
- Patta land or estate where the mutation is performed up-to-date can be smoothly marketed.
- If the capital is collectively owned then the change in title/ownership can be declared jointly in the title or credentials of all owners.
- If you are the initial proprietor of the assets (for instance, resources received in a Govt e-auction), you need to “enroll” your title in the state revenue listings. It is not the transfer of the title in this situation.
- If you like to verify if capital has free ownership/title or if it is mortgaged, you need to appeal for an EC that is an Encumbrance Certificate. You can check those ownership information with the help of Mutation Extract. (Mutation Extract is a mutation register that is maintained by either the District Panchayat Accountant or the regional civic body department. It lists the transfer of land title/ownership and the method of such transfer, references of the Assessing Officer for before-mentioned transfer, day of admission of transfer as well as the ROR record of rights.)
- Is mutation compulsory after the Listing of the Property? – No, it is not necessary. However, it is very important.
- If a modification is not performed, does that indicate the ownership of the estate is not changed or modified from seller to purchaser, even after listing the Sale Deed? – The ownership/title gets assigned to the buyer, however, mutation of documents is better to confirm the ownership of the asset.
- What if a person does a mutation of property in their name not legally? Will the person be the new owner of the property? – By hardly transferring the title in mutation listings, one cannot demand that the person has ownership of the property. Note that without the listed sale deed in a person’s name, the mutation is technically invalid as well as illegal.
FAQs
1.What is the Dakhil Kharij Charge In the state of Bihar and how much time does it take?
The procedure takes 15 days to a month following which a certificate of mutation is declared. A standard fee of 25 rupees to 100 rupees depending on the state is charged by the local civic body.
2.Can I market the property without performing the mutation process?
It is not necessary to have the procedure of Mutation and Registered Deed in the title of the Dealer. If one does not hold the time or cash instantly at hand, one, as well as the other legal beneficiaries, can market the estate without any disputes as there are no restrictions legally.
3.What happens if mutation of an estate is not carried out?
In the matter of Agricultural lands, the mutation process is a must and one should follow the process. Without mutation, the property title will not be transferred to the buyer. In the event of non-agricultural property, without mutation, one has the right to sell the property. In this case, even though the mutation has not been done the purchaser’s title will not be affected.
4.What is the variation between mutation and registration?
Registration is the process of arranging the title of ownership of the assets legislatively assigned to the name of the purchaser. The mutation is something that follows the method of registration. Mutating a land indicates that the registration has been done perfectly in revenue records.
5.How can one check their land in Bihar?
Below the central government’s National Land Record Modernization Program (NLRMP) system, the Bihar administration has made the land records available online. One can verify or check the land listings and records at Bihar Bhulekh’s official web portal http://biharbhumi.bihar.gov.in/ with the help of either the Serial number or the Party name.
