Property Registration and Mutation Basics: What Gives You Title in India

In India you own immovable property through a registered document, not through mutation and not through a power of attorney. Section 17 of the Registration Act, 1908 makes registration compulsory for documents such as sale deeds of immovable property worth one hundred rupees or more, and leases for more than a year. Under Section 49, an unregistered document of this kind does not affect the property. Mutation (dakhil kharij) only updates the revenue record so the right person pays land revenue or tax. It does not create title.

Registration: what the law requires

Section 17(1) of the Registration Act lists documents that must be registered. For ordinary buyers the important ones are:

• Non-testamentary instruments that create, declare, assign, limit or extinguish any right, title or interest in immovable property of the value of one hundred rupees and upwards. A sale deed, gift deed or relinquishment deed of a house or plot falls here.
• Leases of immovable property from year to year, for any term exceeding one year, or reserving a yearly rent.

Registration is done at the office of the Sub-Registrar where the property is situated. Both sides, or their authorised agents, appear with identity proof and witnesses, and the stamp duty and registration fee are paid. Stamp duty is a state subject, so rates differ from state to state. Check your state registration department’s current rates before you budget.

Section 49: why an unregistered deed is risky

Section 49 says a document that must be registered but is not registered shall not “affect any immovable property comprised therein”, and cannot be received as evidence of the transaction. There are two narrow exceptions in the proviso: the document may be used as evidence of a contract in a suit for specific performance, or as evidence of a collateral transaction that does not itself need registration.

In plain terms: if you paid full price but only signed an unregistered “sale agreement” or notarised paper, you are not the owner. At best you can sue for specific performance to force a proper sale deed.

Mutation (dakhil kharij): what it is and what it is not

After you buy or inherit property, you apply to the revenue office (tehsil) or municipal body to enter your name in its records. In Uttar Pradesh and many northern states this is called dakhil kharij. It matters in practice: you need it to pay house tax or land revenue, get some government benefits, and show a clean record when you sell.

But mutation is not ownership. In Jitendra Singh v. State of M.P. (decided 6 September 2021), the Supreme Court repeated that a mutation entry “does not confer any right, title or interest” and is made only for fiscal purposes. A person claiming title, for example under a will, must establish it before a civil court. Revenue authorities cannot decide a title dispute through mutation.

• A name in the khatauni or municipal record is not proof that the person can sell.
• A wrong mutation entry does not take away your title. Object to it before the revenue officer, and go to the civil court where title itself is disputed.

Power of attorney “sales” do not transfer title

For years, property in many cities changed hands through a bundle of agreement to sell, general power of attorney (GPA) and will, to avoid stamp duty. In Suraj Lamp and Industries Pvt. Ltd. v. State of Haryana (11 October 2011), the Supreme Court held that such transactions do not convey title or create an interest in immovable property. Property can be transferred only by a registered deed of conveyance. Later decisions, including Ghanshyam v. Yogendra Rathi (2023), have reaffirmed that a GPA or will does not make the holder the owner.

Checklist before you buy

1. Title chain. Get copies of previous sale deeds going back several transfers, as far as records allow. Each link should be a registered document.
2. Encumbrance certificate. Get it from the Sub-Registrar’s office (online in many states) for a long period. It shows registered mortgages and transactions on the property.
3. Revenue and municipal records. Check that the seller’s name is in the mutation record and that house tax is paid. Remember this supports, but does not prove, title.
4. Approved map and land use. Confirm the building plan was sanctioned by the development authority and that the land use permits housing.
5. RERA registration. For a new project, check registration on the state RERA portal. See our RERA delay guide.
6. Loans and disputes. Ask whether any bank loan is outstanding and search for pending court cases on the property.
7. Register the sale deed. Pay full stamp duty and register. Then apply for mutation.

Example: Imran in Lucknow buys a plot from Ramesh on the strength of a GPA and a notarised agreement. Two years later Ramesh’s sons sell the same plot by a registered sale deed to another buyer. Imran’s papers do not make him owner. Had he insisted on a registered sale deed, and checked the encumbrance certificate, he would have been protected.

Frequently asked questions

Does mutation in my name make me the owner?

No. Mutation is a fiscal record. Title comes from a registered document, inheritance or a court decree.

Is a notarised sale agreement enough?

No. A sale of immovable property worth ₹100 or more must be by a registered instrument. Notarisation is not registration.

Do I need to register an 11-month rent agreement?

Section 17 makes registration compulsory for leases of more than one year or from year to year. State laws can add requirements, such as Uttar Pradesh’s tenancy law requiring the agreement to be informed to the Rent Authority. See rent agreement in Uttar Pradesh.

I inherited my father’s house. Do I need a sale deed?

No. Inheritance happens by law. You apply for mutation with the death certificate and proof of heirship. See who inherits property without a will.

Quick quiz

Learn property, RERA and inheritance law in plain language in the Certificate Course in Everyday Law for Every Indian (₹349).

Sources

• Registration Act, 1908: Sections 17 and 49
• Transfer of Property Act, 1882
• Suraj Lamp and Industries Pvt. Ltd. v. State of Haryana, Supreme Court, 11 October 2011 (2012) 1 SCC 656
• Jitendra Singh v. State of Madhya Pradesh, Supreme Court, 6 September 2021
• Ghanshyam v. Yogendra Rathi, (2023) 7 SCC 361
• Real Estate (Regulation and Development) Act, 2016

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.