Notes

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 Govt, may be knowing about he 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 with in 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.