Scanning of court cases related to Parti Sarkar Mutations in J&K: Who is responsible?

By
Ziraat Times
-

By S. Mohammad Amin

Mutation registers are divided into two parts: Parti Patwar and Parti Sarkar. Parti Patwar is a record maintained for reference purposes, and its custodian is the Patwari. On the other hand, Parti Sarkar, the mutation copy, is considered government property and is kept in record rooms at the tehsil, district, or central levels.

Property transfer can occur in various ways, but a common and essential process in all cases is registration, followed by mutation.

From a buyer’s perspective, ensuring the property has a clear and undisputed title is paramount. It is the buyer’s responsibility to verify that land or municipal records reflect the property’s ownership history accurately. This is possible only if the mutation process has been diligently carried out.

Although documents like registered sale deeds, land records, and property tax receipts serve as evidence of registration, mutation ensures that the transaction is recorded with local authorities.

Mutation: An overview

Mutation, also known as ‘Dakhil Kharij’, is the process of updating the ownership title in revenue records after the transfer or sale of property. Mutation helps authorities determine tax liabilities and serves as proof of possession.

Contrary to popular belief, mutation is not a one-time process. It is recommended to update mutation records regularly—ideally every six months—to prevent fraudulent transactions. Mutation is required in various scenarios, such as:

  1. Sale or purchase of property: Documents like a registered sale deed, property tax clearance, and indemnity bonds are required.

  2. Inheritance: In cases of intestate succession or a will, documents such as a death certificate and proof of relationship with the deceased are necessary.

  3. Power of attorney: A power of attorney document, affidavit, and property tax clearance are typically required.

The value of stamp paper varies depending on the type of transaction.

Types of Mutation

Agricultural Land: Mutation impacts the title of ownership. Compensation for government-acquired land is provided only to those whose names are recorded in revenue records.

Non-Agricultural Land: While mutation does not affect ownership title, it impacts municipal tax liabilities and services like water and electricity.

Mutation Procedure

The process begins with submitting an application to the Tehsildar, along with the required documents and a non-judicial stamp paper. Afterward, objections to the mutation are invited, and the parties’ statements are verified against the documents. If no objections are raised, the mutation is sanctioned.

In case of discrepancies or objections, the matter is referred to the Revenue Assistant. Appeals can be made to the Additional Collector within 30 days. Procedures may vary slightly between states.

Registration vs. Mutation

Registration transfers legal ownership, while mutation updates revenue records. The Supreme Court has clarified in cases like Sawarni (Smt.) Vs. Inder Kaur (1996) and Smt. Bhimabai Mahadeo Kambekar Vs. Arthur Import and Export Company (2019) that mutation does not create or extinguish title but is primarily for revenue purposes.

Issues with Parti Sarkar Mutation Copies

Many mutation entries have been litigated since the completion of land settlements over a century ago, particularly after the implementation of the Agrarian Reforms Act. During court proceedings, original Parti Sarkar mutation copies are retrieved from record rooms and attached to case files.

Unfortunately, once cases are resolved, these sensitive mutation copies are not returned to the record rooms. As a result, these records are neither accessible to landowners (zamindars) nor scanned as part of modern digitization efforts.

When landowners request certified copies of mutation records, they are often denied access by the revenue department, citing the unavailability of Parti Sarkar mutation copies, even when they exist.

The Revenue Department in J&K must take this issue seriously. All Parti Sarkar mutation copies attached to case files should be scanned and made available online in the public domain. This would ensure better accessibility for landowners and enhance transparency in land-related matters.

The author is a Patwari at the Tehsil Office, Qazigund.

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1009 COMMENTS

  1. The Presiding officers of the Revenue as well as Civil courts must take on record the certified copies under Section 75 BSA. The original mutation folios are always to be retained in the custody and are not to be produced as evidence. The Hon’ble High court of Jammu and Kashmir and Ladakh in its “Rules and Orders For the Guidance of Subordinate Courts” has restricted to retain the original record for scrutiny. The rules further envisage that the presiding officers of the subordinate courts and investigating agencies cannot retain the original record and must return it to the custodian in his presence. The practice of calling for original record is not bad but it’s continuous retention for long time is forbidden completely.
    Regards
    Deva
    SQ Ramban J&K

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