Parti Sarkar & Copy of Mutations: Responsibility lies with Attesting Officers?

By: Mohammad Amin Mir

Mutation is a legal process involving the transfer of rights or ownership of land or property, such as inheritance from a deceased person to their legal heirs. It entails updating entries in revenue records, as outlined in Standing Order 23-A, which provides detailed instructions for the Revenue Department—from the Patwari to the attesting Revenue Officer—that must be strictly followed.

The purpose of mutation is to maintain accurate and updated records of rights. While mutations are formally attested, they serve only to document ownership changes and do not confer legal title. Entries in revenue records are not definitive proof of ownership. No changes to the Jamabandi (land record) are permitted without orders from the attesting officer. A fair inquiry must be conducted, summoning interested parties to be heard in the presence of the Lumberdar and Chowkidar, with local Zamindars witnessing the process. Absence of a party does not justify rejecting a mutation.

There are many types of mutations:
Inheritance: When a person whose name falls in ‘Khana Milkiyat’ column of Jamabandi or is a vendor and donor dies, land is transferred to his/her legal heirs.

Partition of Land: Either done privately or meditated through judicial intervention cum assistance
By virtue of sale deed
Mortgage of property
Deeds of Dastabardari
By way of registered gift
Lease grants
Lease deeds

The Patwari completes the previous record columns (Surat sabiq) of the mutation and inscribes his report in the last column meant for it. Mutation paper has two parts, Patri Patwar and Patri Sarkar. On Patri Patwar the report of Patwari is brief while as on the Patri Sarkar it’s a detailed one. The signatures of Lumberdar and Chowkidar, the two authorities who help authenticate the deceased and identify the heir, are also put on Patri Sarkar.

It is equally important for the attesting officer to verify and cross check the entries and signatures before attesting the mutation. The statement of the parties and the witnesses with their signatures shall be obtained only on Patri Sarkar by the attesting officer him/herself. The attesting officer is duty-bound to check that the entries of both parties are well verified. In case of sale deed, gift deed and relinquishment deeds, possession shall be checked. The attesting officer in his own handwriting shall write orders on both the parties along with the seal and signature.

The order on Patri Sarkar is detailed and self-explanatory. As far as possible the mutation should be attested on the spot. Further, it is obligatory on part of the attesting authority to read out the orders before taking the signatures of witnesses.
After the completion of Patri Sarkar, it is the duty of the attesting official concerned to deposit the same in Tehsil Office without any fail. These Patri Sarkars are arranged and constitute the part of next Jamabandi. But, here in our society a patwari is hold responsible for both the patris (Patri Patwar and Patri Sarkar). It is a well-known fact that Patri Patwar mutation remains in the custody of a Patwari and is treated as a ready reference booklet. The Patri Sarkar remains in Tehsil or District or Central record rooms and in no way is Patwari its custodian as the word Patri Sarkar itself means the Government in the shape of Tehsil or District Record Room.

Every citizen of the union territory of Jammu and Kashmir is aware that nearly thirty percent of Patri Sarkars are not available in these record rooms, resulting in suffering to the visitors thereof and it also leaves scope for tampering to take place. This is a very serious issue which requires administrative attention at an earliest. The recent directions issued by Financial Commissioner Revenue regarding depositing the missing Patri Sarkars immediately failing which a stern action would be taken against the erring officials is a welcome step. But, unfortunately, at the end, the entire blame is shifted to Patwari and he is the one to pay for the crime he never committed. The entire responsibility with respect to the deposition and safe custody of Patri Sarkar lies with Tehsildar and is outside the domain of Patwari.