realestate

Reality Check: The Unsettling Truth About Home Ownership in India

Mutation is legal proof of ownership in government records, essential for property transactions and protection.

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n India, mutation is not a mere administrative step but a crucial legal proof of ownership in government records. Without it, you can't sell the property, mortgage it, develop it, or defend it against fraud. This omission often leads to disputes and leaves homeowners vulnerable.

    A staggering 80% of property disputes in India arise from missing mutation certificates, verbal inheritance, or informal deals using power of attorney. Even if you've lived in your house for decades, paid all bills on time, and have the property registered in your name, you could still be considered a non-owner under Indian law.

    Real estate advisor Aishwarya Shri Kapoor warns that millions of Indians may not legally own their homes due to a lack of understanding about the Transfer of Property Act, 1882. The Supreme Court's 2012 Suraj Lamps verdict reaffirmed in 2022 has turned conventional wisdom on its head: registration alone no longer proves ownership.

    To establish legal ownership, you need a complete chain of evidence, including a registered sale deed backed by payment, a valid chain of previous ownership, a mutation certificate with your name, and documents proving actual possession. Without this, you may be considered legally invisible.

    Kapoor highlights the risks of not having a clear title: if any relative files a claim, you could lose years of peace in just two court hearings. She emphasizes that the law won't consider how long you've lived in the property; it will only look at what you can prove on paper.

    Her message is urgent and clear: if you can't prove ownership, you don't own it. The time to rectify this situation is now, before disputes arise and families are drained emotionally and financially.

Indian homeowners facing financial struggles amidst rising property costs and economic uncertainty.