The most important terms of the three, however, is mutation, which literally just means “change”. Whenever there is a change in the possession of land (and not just change in the ownership), the mutation proceedings start and the name of the person previously in possession is struck-off and the name of the person now in possession is replaced.
Section 34 of the U.P. Land Revenue Act, 1901 (“LRA”) requires that every change in the possession is to be reported. It is pertinent to note that the report of succession or transfer under Section 34 of the LRA requires the following:
An affidavit by the transferee, in the case of sale or gift, that the transfer does not contravene the provisions of Section 154 of the UPZALR (detailed in the previous post Uttarakhand: Where is the ban on property?);
The name of the village where the land has been acquired;
The name, parentage and residence of the acquirer and the seller;
Descripttion of the right and the manner in which it has been acquired; and
The rent on which the right has been acquired.
The report, with the aforementioned, may be presented to the Tehsildar or sent to him by post. No application for mutation of name is required. Only a report should be made and the report is not required to be stamped.
Para 911 of the Revenue Manual clearly states that mutation proceedings are judicial, however, it is extremely pertinent to note that mutation proceedings and revenue record are not documents of ownership or title. Mutation proceedings and specifically khatauni are records of possession and not of ownership. The reason for mutation is for the purposes of assessment and payment of revenue. However, all entries in the village map, field book (Khasra) and annual register (Khatauni) prepared are presumed to be true, until the contrary is proved.
While mutation proceedings with respect to land falling outside municipal limits are governed by the LRA, ownership or transfer of land falling within municipal limits is governed by the relevant Municipal Corporation or Nagar Palika and hence mutation of such lands is done at the Municipal Corporation/Nagar Palika for the assessment of house tax etc.
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