Mutation entry doesn’t validate ownership of a property: SC confirms

One significant matter, such as the mutation of property or land, is no longer favouring the individual who has their name in revenue records under the local municipal corporation.

What is mutation of property?

The mutation of property which is designed to entitle a person and lend ownership of land from one person to another, seems to have altered as per the latest announcement from the Supreme Court.

The matter which used to be a regular procedure for landowners to possess the right of their land which may transpire due to reasons, such as the shift of an agreement or death of the original owner, has to be taken to the local court to decide the actual claim of the property.

Although the process for mutation has been a straightforward one all these years, it may have to change now. The evident fact is that mutation of land gives the new owner the legal claim or title and is registered under their name in the land revenue department. And, the government of the State then charges specific property tax from its rightful landlord.

Besides, property mutation is one of the compulsory steps in legal transactions, comprising the land. Then, once the process is sought out, details related to the land are maintained by the public departments of the state, such as Municipality and Panchayat. 

Supreme Court’s Mutation Law for land ownership

In a recent reiterated statement from the apex court, a bench consisting of Justices M R Shah and Aniruddha Bose affirmed that the valid claim of the property is to be decided only after the demise of the executant of the will.

Essentially, the news states the fact very clearly that having one’s name on the mutation paper, under the revenue record, will not provide any legal right to the addressed person. Documents related to mutation are only tangible for fiscal purposes, however, it claims no right to the land.

What’s more?

Another declaration henceforth follows this statement that as far as the ownership or title of a property is concerned, a qualified civil court has to take the decision. A mere entry on land revenue papers or payment entries will not give the individual any right to the property.

It has also been cleared by the higher court that if there arises any disagreement referring to the title from the party, claiming the right of the property based on the will, has to approach the social court to get the right crystallized, and if the decision goes in their favour, a mutation entry can be made. 

This statement was actually upholding an order of the Madhya Pradesh high court. It was a trial set to mutate a person’s name in the revenue records and eventually aimed to be mutated as per the will. The trial was taken on by the Additional Commissioner – Rewa Division, Rewa.

As for a reiterated order by the SC, the revenue record has and will not create or extinguish the title of the said person to the property, and it will not possess any presumptive value of the mutation document.

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