Land Records / Revenue

About Mutation

Whenever a person gets ownership rights of some land through sale, gift, transfer, ancestral, lease or mortgage , the same is updated in the revenue record, by the patwari concerned by initiating a mutation for the same.

Registration deed after execution in the office of the sub registrar, goes from the office of sub registrar, through kanoongo office, to the patwari, for initiation of mutation.

The patwari after intiating the mutation sends the deed document back within a period of one month.

The beneficiary getting ownership rights, can also get the mutation initiated by personally forwading/handing over the copy of the registered deed to the patwari.

The register in which the patwari enters the mutation, two copies of ii : Patwari’s copy and Govt. copy are maintained. After execution of the mutation by the patwari, the Girdawar/Kanoongo of the area, compares the record and other documents with the revenue record entries. The entered mutations are then presented before the Tehsildar/Naib Tehsildar during their tour to that area. The decision for non disputed mutations are given within three months (but as per the new instructions, the mutations, without disputes, must be decided within 15 days/)where as the disputed mutations are bound to be decided within a period of 6 months (as has been mentioned in the manual’s para 7.4(VII) of the record).

The mutations of sale, gift, mortgage with possession and transfer are not accepted till the possession rights do not get physically transferred/changed.

Whenever a death takes place in a village the entry for the same is done in the death register, kept with the chowkidar. People must bear their minds that no entry of death is left un entered in the chowkidar’s register.

It is the duty of the patwari concerned to inspect the register of chowkidar once in a month.

If death of any land owner takes place in the village, mutation for transfer of his land ownership is entered only after the verification of his/her legal heirs.

If there is no WILL of deceased person then the mutation is aught to be entered in favour of his natural legal heirs otherwise the mutation on hereditary basis is verified in support of the authenticated WILL.

If after the verification of the facts for, the mutation and before entry in the revenue record, if any new fact comes in the knowledge or any mistake is found then the officer, taking the decision or his senior officer, after getting the permission from the Collector(Deputy commissioner) can keep the orders for the mutation pending.

After listening to the concerned parties the revenue officer can make changes in his previous decision. An Appeal can also be made against the mutation orders of Niab Tehsildar / Tehsildar(Area Revenue officer) within 30 days in the court of the Collector. These rights, generally, are with the concerned Sub Divisional Magistrate.

Different Types Of Mutations

  • Sale
  • Sale-by mortgage
  • Gift
  • Mortage with possession
  • Mortgage on mortgage
  • Sale right to mortgagee
  • Removal/cancellation of mortgage
  • Implementation of or removal of mortgage
  • Lease deed
  • Transfer (without registration )
  • Transfer(registered)
  • Exchange (without register)
  • Exchange(court)
  • Transfer of ownership
  • Ancestral
  • Ancestral to mortgagee
  • Izadinama
  • Entry of name
  • Health entry

Documents to be presented for entry/execution of mutation

Of the documents to be presented for mutation, the detail of the same is given before every mutation :

Sale mutation
  1. Original deed
  2. Special or general attorney of Seller if the seller can not personally Be Present.
Sale- by way of mortgage -do-
Gift -do-
Mortgage with possession -do-
Mortgage on mortgage -do-
Sale right to mortgagee -do-
Removal of mortgage Receipt given by the mortgagor Regarding refund of money.
Entry/implementation of Removal of mortgage There is not attached any document with this mutation, The mutation Is entered only for correction of Record as the same person who Is mortgagee becomes purchaser Later on.
Lease deed
  1. 1. Original deed
  2. Special or general attorney Of lessor where the lessor Can not personally Presented.
Transfer (without registration ) Written agreement of transfer From the concerned parties
Transfer (registered) Original deed
Taksim/exchange(Unregistered) Written agreement of exchange From concerned parties.
Exchange(court) orders
Transfer of ownership Order of court
Ancecstral
  1. Death certificate of deceased or Any other proof
  2. WILL, if previously executed
Ancestral/mortgagee -do-
Izadi Nama Application from applicant
Entry of name Application from legal heirs
Health entry Application from applicant

General matters concerning with the mutations and questions/answers in this regard.

What is the mutation?

Mutation means change of rights. Any change in right in land record is done only through mutation. For this purpose, a register with two copies is maintained which is called the mutation register.

If by way of execution of mutation, some new rights are made avaiable?

No new rights are given after execution of mutation but for the transfer of rights in the revenue record, it is necessary to have the mutation done.

When the sale, gift, transfer, mortgage, lease, ancestral, exchange mutations are to be got executed and with whom these are to be registered?

In such cases, where the rights are changed by way of registration ,it becomes the duty of the patwari to enter the mutation within one month after receipt of the concerned registry from the Tehsil. The beneficiary, at his own level, can get the mutation done by showing the original deed in such cases.

In case of mutations like ancestral, exchange, transfer, the registration deed is not necessary . Such cases of the mutation of transfer rights must be got entered within three months with the patwari but in the transfer cases of such a land which falls in the boundaries/ limitations of Municipal Corporations, there is a need of registration of transfer deed by the concerned party.

Mutations like hereditary and family exchanges are to be got registered and by whom?

No document/paper is received from the Tehsil with regard to the hereditry and family exchanges and the same must be got executed within three months by the parties by personally visiting the patwari concerned.

What is the time period in which the mutation must be entered ?

There is not any fixed time for getting entry of mutation done. But it is necessary to report to the patwari within three months regarding change of land rights failing which 5 times penalty of mutation can be imposed on the benificery.

Where can the entry for death be got entered?

If some death takes place in a village then it must be got entered in the register of the chowkidar and if in the boundary limit of Municipal corporation or notified area committee then it must be got entered in its office.

Who enters the mutations?

Area patwari.

Who makes the inspection of the mutation?

The inspection of entry of transfers as per the old records and through mutation is inspected by the area Girdawar Kanoongo.

Who gives sanctions to the mutations?

The Niab Tehsildar/Tehsildar (Area revenue officer) of area. Only disputed mutations are sent to the higher authorities for decision.

In how much time, a mutation is completed/sanctioned?

As per instructions, the mutation without dispute, ought to be completed within six months of the dispute.

If a mutation is executed wrongly, then what is the way to make the corrections?

If before the implemention of the jamabandi/revenue record, the mistake is traced out then after getting sanction from the Naib Tehsildar/Tehsildar or District Collector, the mistake can be rectified.

Within which period, an appeal can be filed against the decision/orders of Tehsildar/Niab Tehsildar concerned with regard to a mutation and with whom the appeal can be made ?

An appeal can be filed within 30 days of issue of the orders, with the Collector.

What is WILL?

When a property holder decides as to whom his/her moveable/immoveable properties should got,after his death,is called a WILL. Generally WILL is a written document, which the testator can get registered and even after his/her death, the said WILL can be got registered under Section 40(2) of the Registration Act.

If after the death of the holder of the property, the legal heir of the deceased can leave his/her share in favour of any one else in front of the revenue officer/?

No, for leaving his/her right, a sale, gift deed is got to be registered or a degree/decree from the competent court is a must.

If more than one WILLs are presented before the Revenue officer at a time , which WILL he will accept for mutation ?

The revenue officer will consider the last WILL after deep inquiry which he deems acceptable and correct in favour of the authorized herdeitary and execute mutation in his/her favour accordingly or otherwise in favour of all the natural legal heirs.

How are the details for mutations as per the record revenue (Jamabandi) and mutations as per legal heir detail, is given?

After sanction of mutation, there is made marking with red ink on legal heirs detail/verification of legal heirs and in the "Remarks column of revenue record document” there is made entry of sanctioned mutations with red ink.

Whether the mutation, after sanction, remains with the patwari?

Mutation register is in two copies. One copy is remains with the govt. and one with the patwari. One copy is taken by the Area revenue officer,after writing the complete order and second copy, which is called ‘Patwar” ,patwari enters the order in short with his pen. After coming back from the tour, the area revenue officer deposits the said copy in the Govt. Tehsil Office.

From whom the patwari gets the verifications of mutations done? Is it necessary to get the signature or thumb impression of the concerned party on the mutation ?

The patwari gets the verification of mutation in column no. 15 from the numberdar with his seal and signatures and it is prohibited to get the signatures or thumb impression of concerned party.

Should the revenue officer compare the copies of patwari and govt. with each other and what should be kept in mind while giving decision ?

Before writing the orders on the Govt. copy, the revenue officer of the area should carefully look into the entries made in both the of patwari copy and govt. copy. He should also mention in his decision that wether the concerned claimants were present before him at the time of the decision ,If the claimants were not present, whether they were given an opportunity for appearing , who identified the appearing parties and the place and where the decision was .

Whether at the time of a sanction of a mutation in reference to a registered sale, gift or mortgage deed is the presence of the transferor necessary ?

In case of registered deeds, the revenue officer, must give one notice to the transferor but however, if the concerned party does not turn up, the revenue officer can sanction/go ahead with the mutation.

In case of an ancestral mutation, if the revenue officer comes to know about the pregnancy of the wife of the deceased then what should the Revenue officer do ?

In such a case, mutation should be kept pending, till the child is born. However, if the mutation has been carried out, then after the birth of a child the mutation in favour of the said newly born child can be entered and accepted.

Whether it is necessary to mention the Shamlat right(if any) in the mutation ?

In case of mention of sale of shamlat share in the registry, as per para 7.19(6) of Punjab Land , the same must be mentioned .

Can the mistakes of ‘Kitabat’ and ‘Hisabat’ be rectified after execution of the mutation ?

Yes. The area revenue officer can make corrections of such mistakes by a foot note, with red ink , on the copies of mutation before o preparation of new revenue record(Jamabandi),

If any account is left un-entered in the hereditary mutation is it necessary to get the previous mutation re-checked ?

In such circumstances, the entry will not be made but the patwari will present the report by giving reference of these accounts in the mutation through note (Fard bard) and the revenue officer of area will order that the previous decision will be applicable on these accounts.

If a part of field is sold out then how will its revenue record be amended/entered ?

In this regard, there is description in Punjab Land Record Manual ‘s para 7.14 (5) .According to it the entry of purchaser will be shown in the column No. 9( Ownership) and if possession of land has been taken then the possessionist will be shown as share holder/cultivator in column No. 10(cultivation ).

Which special remarks should be written by a patwari,while entering mutation according to Court orders?

  • After conducting the mutations as per the court orders, the patwari will give remarks in the patwar copy of register and in Govt. copy with red colour, as follows:
  • Name of court
  • Name of parties
  • Detail of order of court.

What are mutation fee charges ? Who enters the same in the mutation and which party shall pay this fee ?

The mutation fee is Rs. 150/- per mutation and the revenue officer, after deciding a mutation , enters the same with his pen in the patwari copy and govt. copy. The fee is paid by the party in whose favour the mutation is done.

Can gift, sale and mortgage mutations be sanctioned without change of possession ?

The mutations of sale, gift and mortgage can not be accepted till the possession is not transferred on the spot.

If any owner remains un- present/non cultivator continuously for 7 years then what decision is taken regarding his property ?

There is no news so far relating to such case , the mutation can be sanctioned in favour of the legal heirs after full satisfaction by Collector/ Assistant Collector Grade I.

If no legal heir is determined after the verification in respect of the owner then in whose name the mutation of property will be done ?

If the owner is not having any legal heir and none else can prove the right of his legal heirship then the Assistant collector Grade- I will execute the mutation of his property , after fully satisfaction as per law regarding the legal heirs, in favour of the State Govt.

Is there any fee payable for entry of mutation ?

No

Is it the duty of a patwari only to enter the mutation?

Yes .It is the duty of patwari to enter the mutation.

What are the losses to be suffered by a claimant in case of non entry /sanctioning of the mutation on time.

1) If the mutation is not sanctioned then there can be a problem to the claimant for getting compensations or payments due against him against any natural disasters, from the govt.
2) The claimant shall suffer problem while selling, mortgaging or gifting the same.
3) There will be a problem in getting loan from bank.
4) If the mutation is not sanctioned then the previous owner can re-sell or mortgage the said land which will create dispute.

Under what circumstances, a mutation can be rejected ?

1. When the area is mortgaged/with or without possession with any person or enterprise.
2. When a decree is passed for the property by the Court.
3. When a court has put a stay on transfer of rights of an area.
4. When the possession is not transferred to the Purchaser or mutation beneficiary.
5. When the facts of registry are not similar to the record.

What is the method of getting copy of decided mutation ?

Any person can get the copy of decided mutation by paying the govt. fee.If the mutations (Govt. copy) are still not entered in the sadar office after including the same in revenue record then the copy can be got from Tehsil Office and if entered then the copy of mutation can be got from this office (D C Office).

For more information, you can visit website : http://punjabrevenue.nic.in/ External website that opens in a new window

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