All about property mutation in Bihar

[ecis2016.org] Among the many legal procedures that buyers have to follow, to attain complete ownership of an immovable asset, is mutation. In this article, we define the mutation process in Bihar

Buyers of land and property in Bihar, have to complete the mutation process, to establish their legal ownership over their immovable assets. Land or property mutation in Bihar is the process of getting a new owner’s name entered into the government’s records, against the property one has recently purchased. The name of the new owner is registered, by removing the name of the previous owner. This process is known as dakhil-kharij (entry-removal) in Bihar.

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Property Mutation Bihar: Timeframe

Note here that property mutation in Bihar generally takes place several months after the property registration process is complete. There is a timeline that a buyer will have to meet after the registration is done, to initiate the mutation process in Bihar.

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Property mutation Bihar authority

As land is a state subject, every state in India is responsible for maintaining a record of land/property transactions. Acting as a proof of ownership of land and property, these public records help the common man make an informed choice while investing in property.

In Bihar, all property mutation-related work is carried out by the state government both, online and offline. In this article, we discuss the online land mutation or online dakhil-kharij process in Bihar.

Before we proceed, it would be pertinent to understand that property mutation is a process that helps you to register your ownership of a property in the government’s records. These may or may not be admissible in the court of law to prove your ownership over an asset, especially in the absence of relevant title documents. The Supreme Court of India has reiterated this stand on the matter, in several cases.

In September 2021, the SC once again said that property mutation in no way confers property rights. Giving its verdict in a recent case, the apex court reiterated that mutation of property in revenue records was only for property tax fixing purposes and the mutation process did not confer right, title, or favour towards a person. The SC order came on a special leave petition filed by a person from Rewa, Madhya Pradesh.

When is property mutation of land required in Bihar?

Mutation of land should be carried out in two situations:

• When you buy land/plot/property.
• When there is a change of ownership, due to succession.

When should you apply for property mutation?

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Each time a property changes hands, the transaction should find its way into the legal records of the local government. This means, those who become the owner of a property by way of purchase or inheritance, or through a will or by receiving a gift, have to get the mutation of the property done. The same is true when you buy a property through a power of attorney.

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Official responsible for Bihar land mutation

The city tehsildar is responsible for taking the application for dakhil- kharij and accepting or rejecting it, after due diligence. You can visit the tehsil office to apply in person, or visit the Bihar government’s land revenue website, to complete the process online.

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Time limit to apply for land mutation in Bihar

The buyer has to apply for dakhil-kharij, within one to three months of the purchase of the land, plot or property and its registration.

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How much time does it take for land mutation in Bihar?

It takes at least a month for the new entry to be reflected in the government’s records, after the buyer applies for dakhil-kharij.

How to apply for land mutation online in Bihar

Step 1: Log on to the official Bihar Bhumi website, http://biharbhumi.bihar.gov.in. On the page, click on the ‘ऑनलाइन दाखिल ख़ारिज आवेदन’ option.

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If you are not a registered user, first register yourself on the website, by providing the necessary details.

On the following page, fill all personal and property-related details, including khata number, area, registration amount, registration details, etc., to proceed. You will also have to submit scanned copies of all the documents supporting your ownership, including the sale deed and claim, to proceed with the mutation.

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Why mutation is important in Bihar?

The Bihar cabinet, in October 2020, approved an amendment to the registration rules that bars people from selling or gifting property in the capacity of being its legal heir. Under the Bihar Registration (Second Amendment) Rules, 2019, property must be registered in your name for you to sell or gift it.  This means the mutation process must also be completed, in order to become eligible to carry out any transaction with regard to the property.

However, mutation records do not confer the title of a property on a person, in the view of the Supreme Court. While passing its judgment in the Bhimabai Mahadeo Kambekar versus Arthur Import and Export Company in 2019, the top court had said that mutation entries of revenue records did not create or extinguish title over the land. The SC also added that such entries did not have any presumptive value on the title of such land.

Bihar govt launches software to link sub-registrar offices with circle offices

The Bihar government, on April 1, 2021, launched a new software that will link the sub-registrar offices in the state with the circle offices. The move is aimed at reducing land-related disputes, while offering fast services to land owners. By making sure that land mutation and property registration are done simultaneously, the process would significantly reduce the time taken to complete the formality. The software can be used by only those buyers who purchase land from an owner with jamabandi records.

“Land holders selling a plot would be asked to fill a form at the registry office, after the registration of any sale deed of land. The mutation process would be initiated soon after. The process of mutation would be much easier and faster after interlinking of registry and circle offices,” Bihar minister for revenue and land reforms, Ram Surat Kumar said.

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