Response
For buyers of flats and apartments, the transfer of ownership takes place as soon as the propertyÕs registration is done; mutation is more of a legal formality, which can be completed any time after the transaction. However, one would have to show the mutation documents, if one were to sell the property in future. These documents may also be required, while applying for utilities such as power and water services.
While a property is registered by way of executing the sale deed, after the buyer and the seller reach a consensus, property mutation takes places after the actual transaction. The property mutation process is basically a buyerÕs responsibility, wherein the buyer gets his newly-owned asset updated in his name in the local revenue office.
Municipal bodies that govern your area maintain land records and that is where you have to get the mutation of your land or property done. The buyer must appear in the municipal office, along with all the documents. Following the submission, the department would conduct a physical verification of the property and then, issue the property mutation certificate.
Once you submit your application, along with the required documents, it might take the municipal body 15 to 30 days to update the record, after which it would issue a property mutation certificate to you. Mutation entries can only be used as proof of possession over a property and not ownership.
Therefore, if the sale deed with the seller is registered and genuine, and if the property is encumbrance free, you can make the purchase.
Reference: Section 54. Transfer of Property Act, 1882
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