What procedure is adopted by the revenue officer for attesting a mutation ?
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Q. What procedure is adopted by
the revenue officer for attesting a mutation? (2002)
Q. What is mutation how it is
attested? (2004)
Q. How and on what occasion, or
occasions, a mutation is affected. Does mutation confer right of ownership? If
not what is its purpose. (1998)
1.
Introduction:
Mutation
is change or alteration of any entry in the revenue records. The Patwari keeps
up a register of mutation in which he records all the acquisition of rights
reported to him. The mutation register consists of a counterfoil and foil. The
entries in the mutation have evidentiary value. The patwari enters name of new
person in register of mutation in place of the old person.
2.
Relevant provisions:
Sec.
42 land revenue act 1967.
3.
Meaning of mutation:
Concise
Oxford dictionary:
The
process or an instance of change or alteration.
4.
Object of mutation:
The
main object of mutation is to keep the revenue records up to date so that
Government be knowing about the owners of the land.
5.
Significance of mutation:
(i) Up
to date record is kept and maintained.
(ii)
Right of owners are protected and safeguarded.
(iii)
Better administration is done by the revenue authorities.
(iv)
For the recovery of arrears of the land revenue.
(v)
Presumptive piece of evidence.
6.
When mutation is entered by the Patwari:
Mutation
is entered by the patwari on the following circumstance.
Any
person who acquires.
I. In
an estate by
(i)
Inheritance.
(ii)
Mortgage.
(iii)
Purchase.
(iv)
Gift.
II.
Any right in the estate as a land owner or as a tenant for a fixed term
exceeding one year.
7.
Procedure of mutation:
The
procedure of entering mutation is an under.
(i)
Report to Patwari:
A
person acquiring a right by inheritance, purchase, mortgage, gift or otherwise
is bound to report the patwari about the acquisition.
(ii)
Duty of Patwari:
Patwari
shall record such report in his daily diary and furnishes a copy of this record
to.
(i)
The person making the report and.
(ii)
Union committee of the concerned area.
(a)
Time period:
Patwari
shall send the above copies within a week.
(iii)
Failure of patwari to enter mutation:
If
Patwari fails to enter mutation the person who has been refused can make report
to the following.
(i)
Revenue officer concerned.
(ii)
Nazim of the union council or town committee of his area.
(a)
Condition:
(i) Report
must be in writing.
(ii)
It must be sent by registered post acknowledgement due.
8.
Procedure of attestation by the revenue officer:
The
revenue officer is liable to check the correctness of all the entries entered
the record of rights. The revenue officer shall attest the mutation in the
presence of the person whose right has been acquired.
(i)
Exceptions:
(A) In
case of inheritance.
(b)
Acquisition by the registered deed.
(c) In
case of decree by the civil court.
(ii)
Identification:
Such
person shall be identified by two respectable person preferably from lambardar
or members of the union committee, union council, or town committee.
(a)
Condition:
Signatures
or thumb impression shall be obtained by the revenue officer on the register of
mutation.
(iii)
Place of inquiry:
The
inquiry into mutation or order proceedings as for as possible should be
conducted in the village where the land with reference to with the mutation is
to be effected is situated.
(iv)
Order of the revenue officer:
The
order shall be made by the revenue officer, regarding acquisition of any right,
and entry shall be made in the periodical record.
(a)
Time period:
The
revenue officer shall make order within three months from the date of entry in
the mutation register.
(b)
Gist of the order to be send:
The
gist of the order by the revenue office shall be send to the person whose right
has been acquired and also to the union committee, union council, or town
committee in which the estate is situated.
(c) If
the order is not made in time:
If the
order by the revenue office is not made within 3 months he shall explain the
cause of delay to the collector in the prescribed manner.
(d)
Nature of inquiry:
PLD
1950 Rev. 1189:
The
inquiry by the revenue officer is of summary nature therefore all complicated matters
should be left to be decided by a competent court.
9.
Does mutation confer right of ownership:
The
provision of Sec. 42 of the land revenue are mandatory in nature and violation
thereof shall be considered as unlawful. Mutation is not a deed of title. The
primary purpose of entering mutation is the collection of revenue by the Govt.
the mutation proceeding do not determine the rights of the parties. It only
shifts the onus of proof and not settle the question of title.
Case
law 1990 MLD 89:
Mutation
in revenue record does not lay the foundation of a title in as neither judicial
proceeding nor designed to create title. The mutation can be used as an item of
evidence in support of a transaction under the mutation proceeding.
10.
Mutation after the death of party:
Mutation
can be sustained even after the death of the party if transactions was
completed before the death of a party.
Case
law
2004
YLR (1201)
It was
held that the revenue officer has no jurisdiction to determine the title of the
parties while sanctioning the mutation.
11.
Conclusion:
To
conclude I can say that mutation is the change of name in the land revenue
record. It does not create rights of title in respect of property and no one
can get vested right on the basis of entering mutation. The revenue authorities
sanction mutation in order to keep their record up to date.
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