DELAY IN MUTATION OF RECORDS
1. Section 22 of the Delhi Land Revenue Act, 1954 (hereinafter referred
to as ‘the DLR Act’) deals with the report of succession or transfer of
possession, imposing a duty on every person who has obtained
possession of a land either by way of admission, succession or
transfer to get the same recorded in the register (land records).
Section 25 of the Act prescribes fine on any person who doesn’t
comply with the provisions of Section 22 within three months from
the date of obtaining delivery of possession.
2. The Delhi High Court held in Shakuntala v FCI 1 that the application
for mutation can be filed any time as the same doesn’t attract the
provisions of Limitation Act.
3. 2An area which has been declared as an urbanized area by way of
notification under Section 507 of the Delhi Municipal Corporation
Act, 1957 then on such area the DLR Act ceases to apply and as
such no mutation is necessary in so far as land situated in such
areas is concerned. For determining whether the area in which the
subject property is situated has been declared as urbanized area,
we will need to file a RTI application.
IMPLICATION OF FAILURE TO GET LAND RECORD MUTATED ON
SUBSEQUENT SALE
Held, normally after getting registered document executed the vendee
becomes care free and it is not obligatory for the purchaser to apply for
mutation. Failure on part of purchaser to get name mutated in revenue
record, municipal record of Panchayat record shall be ground to infer that
document was not intended to be sale deed. Entries in revenue records or
in record of municipality or Panchayat record are made for fiscal purpose.
Absence of mutation in revenue records along will not be a reason to infer
that document was not intended to be acted upon. Appeal dismissed. 3
PROCEDURE FOR MUTATION
As per the information available on ldo.gov.in, the following procedure is
required to be followed:
On receipt of an application to the tehsildar for mutation after transfer of a
property, it shall be verified by the concerned section whether the transfer
has been effected with the permission of the lessor, if such permission
1
2009 SCCOnLine Del 1272
2
Mohinder Singh v. Narain Singh, 2023 SCC OnLine SC 261
3
Shantibai & ors v. Phoolibai & Ors, 2006 Indlaw MP 361, 2007(5) M.P.H.T. 532, 2007 (2) MPLJ 121, 2007 (5)
RCR(Civil) 131
was required to be obtained under the terms of lease. If so, the transferee
shall be asked to furnish a copy of the transfer deed, duly certified by the
Sub-Registrar.
If the Sale Permission/Gift Permission is granted to the lessee and the sale
deed/gift deed has been executed by the lessee itself, strictly as per the
permission granted, such sale deeds or gift deeds shall not be referred to
Branch Officer or Legal Officer for checking. In such cases the sale deeds
or gift deeds, as the case may be, shall be checked in the Section itself
and mutation letter put up. If the sale deed or gift deed is executed
through attorney, such documents shall be referred to Branch Officer or
Legal Officer for vetting.
If the transfer deed is found to be in order, it shall be checked whether the
intimation of change in possession had been given within the specified
period of one month (applicable in all cases of rehabilitation properties
and certain cases of old un-restricted leases of land granted by the Land
and Development Officer only) and whether other conditions, if any, of
grant of permission for transfer had been complied with. If these
conditions have been complied with to the satisfaction of the office, a
letter intimation mutation of the property in the forms at Annexure….
Shall be issued.
If the transfer deed is found to be defective, the transferee shall be
intimated of the defects with the request to get them rectified through a
registered deed. If the rectification deed is executed and is in order and all
other conditions are complied with by the transferee, mutation of the
property shall be done.
Where in a case of transfer of a Rehabilitation Property, intimation is not
received within a period of one month form the date of registration of
transfer deed, a show-cause notice shall be issued to the purchaser in a
prescribed format, for the payment of penalty of Rs. 100/-. This amount is
indicated in the mutation letter.4
A unified policy in respect of e-change of name of taxpayer in municipal
records of the unified MCD has been released. Steps for mutation has
been given for case wise requirement. 5
Conversion of property from leasehold to freehold
Th land and development office has released the process of conversion of
leasehold tenure of land into freehold.6
4
[No. 24(19)/91-CDN dated 20.7.1992 – Office Order No. 10/92],
https://ldo.gov.in/WriteReadData/userfiles/file/office_manuals/MUTATION%20AFTER%20TRANSFER.pdf
5
https://mcdonline.nic.in/portal/downloadFile/unified_policy_for_e-
change_of_name_2212160507541254.pdf
6
https://ldo.gov.in/WriteReadData/userfiles/file/6-2003.pdf
Annexure A- Conversion fee for various sizes of residential plots allotted
by Rehabilitation Department or Land and Development office. 7
Annexure B- Conversion fee payable as on 31-5-2003 for residential
tenements leased by Land and Development office / Rehabilitation
department.8
Annexure C- Formula for calculation of one time conversion fee for various
industrial, Commercial and mixed land use properties. 9
Annexure D- Schedule of market rates of land in delhi /new delhi
applicable for conversion as on 31.05.2003.10
Annexure E- Locality or colony codes. 11
Annexure F- Indemnity bond12
Annexure G- Undertaking13
Annexure H- Affidavit14
Annexure I- Affidavit15
1. Barakhamba road comes under the jurisdiction of land and
development office. 16
7
https://ldo.gov.in/WriteReadData/userfiles/file/Annexure-A.pdf
8
https://ldo.gov.in/WriteReadData/userfiles/file/Annexure-B.pdf
9
https://ldo.gov.in/WriteReadData/userfiles/file/Annexure-C.pdf
10
https://ldo.gov.in/WriteReadData/userfiles/file/Annexure-D.pdf
11
https://ldo.gov.in/WriteReadData/userfiles/file/Annexure-E.pdf
12
https://ldo.gov.in/WriteReadData/userfiles/file/Annexure-F.pdf
13
https://ldo.gov.in/WriteReadData/userfiles/file/Annexure-G.pdf
14
https://ldo.gov.in/WriteReadData/userfiles/file/Annexure-H.pdf
15
https://ldo.gov.in/WriteReadData/userfiles/file/Annexure-I.pdf
16
https://ldo.gov.in/edharti/Contacts.pdf
