What is the Difference between Registration and Mutation?
In property law, registration and mutation refer to two different processes concerning property ownership and transfer, but they serve distinct purposes. Here’s the difference:
1. Registration:
- Purpose: Registration is the legal process by which a sale or transfer of property is officially recorded with the relevant government authority, usually the sub-registrar’s office.
- Scope: It establishes ownership of property. When a property is sold, leased, or transferred, the new ownership must be registered under the buyer’s or transferee’s name.
- Outcome: The result is an official record that recognizes the buyer or transferee as the legal owner. A registered sale deed is typically issued after this process, and it is vital for establishing ownership rights.
- Documents: Sale deed, gift deed, lease deed, etc.
2. Mutation:
- Purpose: Mutation is the process of updating the property records (such as municipal or land revenue records) to reflect the change in ownership after a transfer or inheritance.
- Scope: While registration legally recognizes a transfer of ownership, mutation is needed to update the land or municipal revenue records for purposes like property tax payment.
- Outcome: The new owner’s name is updated in the local municipal or revenue records (e.g., land record office or revenue department). This is essential for paying property taxes and other government dues.
- Documents: Registered sale deed, death certificate (in case of inheritance), no objection certificate, etc.
Key Differences:
- Registration legally transfers ownership, while mutation updates the government records for taxation purposes.
- Registration is mandatory for transferring ownership, while mutation is often required for administrative purposes, such as taxation and municipal records.
Both processes are crucial for clear title and ownership, but they are separate legal requirements.
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