Can land mutation be cancelled?

Land mutation is the change in the ownership of a property from the existing owner to a new owner. This certificate clarifies that the property is transferred to the new owner by following the legal process. There are cases when you buy a property and most of your property purchase process is on the move but then you find some kind of loop hole in the property then you can cancel your mutation of property. Here is the process how  you can

land mutation be cancelled

You can cancel the mutation of property by visiting the local municipality of your city. You will have to fill an application form and submit it to the municipal authority mentioning the reason.

• Date of transaction made on the property.

• Name and address of the property

• Signature of the party taking the property.

• Name and signature of the witnesses.

• Reason for cancellation of mutation.

The reason for cancelling the mutation can be many here. I have provided an example for your understanding Mr. Ashok has a house and he has 5 sons. Four sons left the house when Mr. Ashok was alive and only one son ( Rahul)  with his family was living in the house. After the death of Mr. Ashok, Rahul presented a fake will in the registrar office and mutated the property on his name only. Then later the other shareholders of the property applied for a mutation cancellation application in the municipal office.

Hey friend, before I share with you details about mutation like who can cancel mutation. I will tell you what mutation is. In simple terms, the mutation is the process of changing title ownership from one individual to another when a property is transferred. Transfer means property being bought or sold or given as a gift. 

All property mutations are included in land and property records. These are maintained by local municipal bodies of each state. There are many states that have moved the process of mutation online.

• If a buyer or a seller wishes to cancel mutation that can file an appeal before the Additional Collector (the Deputy Commissioner concerned). An appeal can be filed within thirty days of the mutation order.

• In case of the demise of the property owner ( whose property is being mutated), you will need to submit a secondary copy of the Will or succession certificate as well. 

There is a specific procedure for cancellation of mutation. If the mutation has occurred, you can register a cancellation deed with the authority. When the rights of the property are extinguished. The new owner will be responsible for mutating the property.

• Owners can make an appeal against mutation entry by visiting their local municipality office (local civic body). 

• They will have to submit an application about the cancellation and wait for it to be verified. Once the application is approved, the buyer or seller can cancel the mutation. 

• A nominal fee of Rs.25-Rs.200 might be charged for the process. From what I know the fee varies from one state to another. 

Though, it is necessary under the law to file property mutation when agricultural land is bought or sold. The land cannot belong to a new owner without the completion of mutation. All the information is recorded in the revenue records of the state.

This is all from my end on who can cancel mutation. 

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Land mutation documents can be used as evidence of ownership, as a tool for the relevant authorities to impose tax obligations. You can also use it to resolve local land-related issues, etc. But first, let me tell you about the Supreme Court ruling on mutation.

What is mutation of property as per Supreme Court?

The inclusion of a mutation entry in a revenue record is solely for fiscal purposes and does not grant the individual any right, title, or interest in the matter. If there is a question regarding the title, the person expressing a right based on a will must go before the proper civil court to have his rights established.

How to stop mutation of property in Delhi?

In Delhi, depending on the area in question, either the DDA or the MCD perform mutations.

You first see that a title of ownership is not a mutation. The sale deed or government allotment letter with conveyance deed is what grants the person ownership rights. In relation to the mutation, you are required to submit an application to the commissioner's office in the name of the controller and collector of revenue with a certified check (CC). You should explain that the mutation in question was made incorrectly by their department and why the cancellation of mutation entry is important.

What documents do you need to appeal against mutation?

Some specific documents are required to change the applicant’s name. It includes a sale deed, conveyance deed, allotment letter, free-hold certificate, possession letter, share certificate, etc., all of which have been paid in full. I think the person who had the property changed into his name shouldn't have submitted this paperwork as it was done illegally. Apply it as soon as possible for illegal mutation entry and seek the assistance of a knowledgeable and qualified lawyer.

This is all from my end about the Supreme Court ruling on mutation.

I am from Delhi and I can tell you can land mutation be cancelled in Delhi or not. And what is the process regarding the same. 

Here in Delhi, MCD or DDA does the mutation on the basis of the area. But here you need to be aware that mutation of a property does not denote title of ownership of the property. The title of ownership of a property is determined by the government allotment letter with a conveyance deed or sale deed.

Mutation cancellation

For cancellation of mutation, you need to write an application to the collector and controller of Revenue with a CC to its Commissioner Office telling them that the present mutation which is on a certain person's name is wrong or defective. You also need to state the reason why the mutation is wrong and why it hasn't been rectified yet. 

There are a few documents that you need to keep handy for the purpose of mutation transfer from one person to another. These documents are:

• Sale Deed

• Conveyance deed 

• All previous dues paid NOC from the department

• Allotment letter

• Free-hold certificate

• Possession letter

• Share certificate etc.

If the mutation is done fraudulently, it may happen that all these papers may not have been submitted by the concerned person. In such a case, I would suggest you follow the process I have mentioned above or take the help of a skilled lawyer for the same.

But if the concerned person has submitted a fake document for mutation, then you may also have to file a partition suit along with a declaration stating that the documents submitted are fake or invalid.

I hope now you know can land mutation be cancelled or not.