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Registry of Property Not Enough For Transfer of Ownership, Mutation Also Important

Registry is merely a record of ownership transfer and not actual ownership.

In India, any transfer of land must be registered. According to a clause in the Indian Registration Act, any transfer of property that is worth more than Rs 100 must be in writing and must be registered with the office of the relevant sub-registrar. However, you should be aware that simply registering a piece of land does not give you all of its legal rights. This is the reason that reports of someone selling a house twice keep appearing. Even after having the property sold in the name of the buyer, the seller may have taken out a loan against the land. This occurs because the land buyer just had the registry completed; he did not have the property renamed in his name.

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The registry is merely a record of ownership transfer and not actual ownership. The mutation must come after it. Make careful to complete its mutation promptly so that you can assert your ownership of that property completely.

Property registration differs from property mutation. After the new owner pays the stamp duty and registration fees via a sale document, the property is transferred into his or her name through property registration. Typically, a mutation occurs in the neighbourhood municipal office several months following property registration.

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By submitting a mutation, you are officially adding your name to the property’s ownership record based on the registration. The change of a property into the owner’s name establishes that person’s “ownership” of the item.

The document is helpful while looking for water and power connections. The Supreme Court has ruled that a person does not in any manner acquire property rights as a result of property mutation. The highest court’s decision stated that changing property information in revenue records is only done to file property taxes. It is frequently advised not to overlook the mutation procedure and to complete it as soon as you can because you will need it as proof if you ever decide to sell the property.

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When the nomination or filing is rejected after the registry, only then the buyer of the property becomes its rightful owner and all the rights related to the property come to him. Filing in mutation means that based on the registry, your name is included in the official record of ownership of that property. Rejected means that the name of the previous owner has been removed from the ownership records.

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