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Government Of Assam Revenue & Disaster Management

FAQs

FAQs on Mutation (নামজাৰী) for Land

FAQs on Mutation (নামজাৰী) for Land :

  1. What is mutation?
  2. Ans. Mutation means registration of name of a person in the Record of Right i:e: Jamabandi.
  3. When mutation is necessary ?
  4. Ans. It is obligatory on the part of every proprietor, land holder, mortgagee succeeding to any estate or share there in an estate whether by transfer or inheritance and obtaining possession of the same Shall, within six months from the date of taking possession or assumption of charges, apply to Deputy commissioner /Circle officer for mutation of his/her name in the Jamabadi as proprietor, land holder, manager, or mortgagee and of the nature and extent of interest in respect of which the application is made.
  5. How many ways mutation is done ?
  6. Ans. Mutation is done by way of sale, gift, mortgage, inheritance, will etc.
  7. What are the types of mutation ?
  8. Ans. There are two types of mutation. Office mutation and field mutation.
  9. What is office mutation?
    Ans. Office mutation is normally done in Circle office through office procedures.
    • U/S 50 of Assam Land Revenue Regulation 1886 application for mutation is presented to Circle Officer.
    • U/S 52 of ALRR 1886 Circle officer issues notices requiring all persons who may object to the registration/mutation and to file objection not less than one month from the date there of.
    • U/S 53 of Assam Land Revenue Regulation 1886 Circle officer passes mutation order subject to fulfillment of all conditions required for mutation.Office mutation is mandatory for urban/municipal areas .Citizen can apply for office mutation in rural areas also.
  10. What is field mutation ?
  11. Ans. Field mutation is done in rural areas by Circle Officer during field visit . Citizen may apply in a plain paper with required documents to Circle officer or Lot Mandal for field mutation.
  12. Can a person apply field mutation in urban areas ?
  13. Ans. No, office mutation is mandatory in urban areas i:e: municipality areas. However, citizen may apply for office mutation in rural areas also.
  14. Which are the Acts/ rules we find provision for mutation ?
  15. Ans. Section 50,52, 53,of Assam Land Revenue Regulation 1886 and Rule 215 of Assam Land Records Manual 1906 prescribe procedures for office mutation. Section 53 (A) 1 of Assam Land Revenue Regulation 1886 & Rule 211 of Assam Land Records Manual 1906 prescribe the procedures for field mutation.
  16. Is there any standard format for application of mutation ?
  17. Ans. Yes, there is a standard application format available in the circle offices for office mutation. The application should be filled in Form 26 with court fee stamp. (10 of part Assamese and 6 of Bengali of Assam schedule XVII). However, there is no any standard format for application of field mutation .An applicant may apply in a plain paper with required documents to Circle officer or Lot Mandal for field mutation.
  18. Where and how the application can be submitted ?
  19. Ans. Application for office mutation is to be filed in the Circle office. For grant mutation it is to be filed in the Deputy Commissioner’s office. Citizen may either apply to concerning Lot Mandal or Circle Officer for field mutation. Moreover, citizen can apply mutation on line through ILRMS (Integrated Land Records Management System), Revenue and Disaster Management Department, Govt of Assam after the Citizen Centric Service is commissioned.
  20. What are the necessary documents /information required to be furnished along with application for mutation ?
  21. Ans. (A) Mutation by way of inheritance.
    • Death certificate of the deceased pattadar.
    • Next of kin certificate.
    • Probate from competent court in case of will.
    • Affidavit mentioning the relationship of the applicant with deceased pattadar.
    • A declaration in the form of affidavit that the land intended to be mutated in place of deceased pattadar has not been transferred when he was alive .
    • A declaration in the form affidavit that total land of the applicant does not exceed the ceiling limit as per Assam Fixation of Ceiling on Land Holding Act 1956 after mutation.
    • Up to date land revenue receipt.
    (B) Mutation by way of sale/gift/mortgage.
    • Copy of registered sale/gift/mortgage Deed.
    • A declaration in the form affidavit that total land of the applicant does not exceed the ceiling limit as per Assam Fixation of Ceiling on Land Holding Act 1956 after mutation.
    • A declaration in the form affidavit that the land to be transferred is free from all encumbrances.
    • Up to date land revenue receipt.
    • User fee Rs 200 for urban area. & Rs 50.00 for rural area.
  22. Whether a minor can apply for mutation ?
  23. Ans. Yes, a minor can apply for mutation with all required documents.
  24. What is the timeframe for disposal of mutation ?
  25. Ans. Disposal time for undisputed office mutation is 2 months from the date of registration. Although there is no timeframe for field mutation ,but it should be disposed of immediately after application is received.
  26. Under what Act the time frame is fixed ?
  27. Ans. The time frame is fixed under Assam Right to Public Service Act,2012.
  28. What is the fee for mutation ?
  29. Ans. User fee for office mutation is Rs 200 for Urban areas and Rs 50.00 for rural areas. No user fee has been fixed for field mutation so far.
  30. Whether the fees for mutation can be deposited on line ?
  31. Ans. Use fee can be deposited on line through payment gateway.
  32. Whether any appeal against a mutation order can be filed?
    Ans. Appeal can be filed against any mutation order passed by revenue officer. In case of field mutation, a Circle Officer can review a order passed within three yearsr U/S of 53(A) 2 of Assam Land Revenue Regulation 1886.
  33. Who are the appellate authorities?
  34. Ans. Board of Revenue ,Deputy Commissioner, Settlement officer.
  35. Under what section appeals lie ?
  36. Ans. Appeals shall lie under Section 147 of Assam Land Revenue Regulation 1886 .
  37. Is there any limitation of appeal ?
  38. Ans. Yes, there is limitation of appeal .Section 148 of Assam Land Revenue Regulation 1886 speak s the time limit of appeal.
  39. what are the pre conditions for obtaining mutation ?
  40. Ans . Possession and Title.
  41. Is there any provision for getting information other than official notice by an applicant during the of process of mutation ?
  42. Ans. Yes, there is provision for sending alert messages to an applicant at various important stages of mutation process.
  43. Whether any mutation process can be initiated immediately after registration is done ?
    Ans. Yes, once a deed is registered in the office of the Sub Registrar office, the detailed information about the buyer & seller is automatically recorded in the 31 no column of Chitha of the particular village and Circle Officer can start a mutation process sue motto without waiting for a formal application.
  44. Whether annual patta land can be mutated ?
  45. Ans. The annual patta land cannot be mutated except by way of inheritance.
  46. How a certified copy of mutation order can be obtained ?
    Ans. It can be obtained within 5 days from date of application as per ARTPS Act 2012.