Frequently Asked Questions
- What is mutation? Ans. Mutation means registration of name of a person in the Record of Right i:e: Jamabandi.
- When mutation is necessary ? 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.
- How many ways mutation is done ? Ans. Mutation is done by way of sale, gift, mortgage, inheritance, will etc.
- What are the types of mutation ? Ans. There are two types of mutation. Office mutation and field mutation.
- 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.
- What is field mutation ? 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.
- Can a person apply field mutation in urban areas ? Ans. No, office mutation is mandatory in urban areas i:e: municipality areas. However, citizen may apply for office mutation in rural areas also.
- Which are the Acts/ rules we find provision for mutation ? 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.
- Is there any standard format for application of mutation ? 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.
- Where and how the application can be submitted ? 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.
- What are the necessary documents /information required to be furnished along with application for mutation ? 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.
- 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.
- Whether a minor can apply for mutation ? Ans. Yes, a minor can apply for mutation with all required documents.
- What is the timeframe for disposal of mutation ? 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.
- Under what Act the time frame is fixed ? Ans. The time frame is fixed under Assam Right to Public Service Act,2012.
- What is the fee for mutation ? 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.
- Whether the fees for mutation can be deposited on line ? Ans. Use fee can be deposited on line through payment gateway.
- 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. - Who are the appellate authorities? Ans. Board of Revenue ,Deputy Commissioner, Settlement officer.
- Under what section appeals lie ? Ans. Appeals shall lie under Section 147 of Assam Land Revenue Regulation 1886 .
- Is there any limitation of appeal ? Ans. Yes, there is limitation of appeal .Section 148 of Assam Land Revenue Regulation 1886 speak s the time limit of appeal.
- what are the pre conditions for obtaining mutation ? Ans . Possession and Title.
- Is there any provision for getting information other than official notice by an applicant during the of process of mutation ? Ans. Yes, there is provision for sending alert messages to an applicant at various important stages of mutation process.
- 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. - Whether annual patta land can be mutated ? Ans. The annual patta land cannot be mutated except by way of inheritance.
- 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.
- What is partition?
Ans. Partition is either perfect or imperfect. Perfect partition means division of a revenue paying estate in to two or more such estates, each separately liable for revenue assessed there on. Imperfect partition means the division of a revenue paying estate in to two or more portions jointly liable for the revenue assessed there on the entire estate. - Who is entitled to partition ?
Ans. Every recorded proprietor of a permanent y settled estate and every recorded land holder of a temporarily settled estate may, if he is in actual possession of the interest in respect of which he desires partition, claim perfect or imperfect partition of the estate. - What are the types of partition?
Ans. There are two types of partition:- Office partition and Field partition. - What is office partition?
Ans. Office partition is normally done in Circle office through office procedures.- U/S 98 of Assam Land Revenue Regulation 1886, application for perfect partition is presented to Circle Officer.
- U/S 99 of Assam Land Revenue Regulation 1886, Circle officer issues notices to concerned recorded proprietor or land holders requiring any of them in possession who may object to partition and file objection within the stipulated period.
- U/S 102 of Assam Land Revenue Regulation 1886, Circle officer effects partition after objections (if any) have been disposed of.
- What is field partition ?
Ans. As per rule 214 of ALRM Circle officer may give effect to undisputed cases of partition the survey of which has already been carried out by the Lot Mandal after taking consent of co pattadars. - How many ways undisputed cases of partition can be effected ?
Ans. This can be effected in two ways, either by a) transferring a dag or dags from one patta to another with the consent of parties or b) issuing a new patta where ther are no patta to which partitioned dag or dags can be added. - Which are the Acts/ rules we find provision for partition ?
Ans. Section 98, 99, and 102, of Assam Land Revenue Regulation 1886 and Rule 211 of Assam Land Records Manual 1906 prescribe the procedures of partition.The applicant has to furnish along with the application up-to-date land revenue payment receipt. - Is there any standard format for application of partition ?
Ans. There is no any standard format for application of mutation .An applicant can apply in a plain paper affixing court fee with required documents in the office of the Circle office for partition. - What are the necessary documents /information required to be furnished along with application for partition?
Ans.The following documents/information are required:-- Details schedule of the land with area under possession and interest thereof in respect of which the applicant desires partition.
- Consent of co pattadars.
- Up to date land revenue receipt.
- User fee Rs 1000 for urban area & Rs 100.00 for rural area.
- Where and how the application can be submitted ?
Ans. Application for office partition is to be filed in the Circle office. Citizen may either apply to Lot Mandal or Circle Officer for field partition. Moreover, citizen can apply partition on line through ILRMS (Integrated Land Records Management System), Revenue and Disaster Management Department, Govt of Assam after the Citizen Centric Service is commissioned. - What is the timeframe for disposal of partition?
Ans. Disposal time for undisputed office partition is 3 months from the date of registration. Although there is no timeframe for field partition ,but it should be disposed of immediately after application is received.. - Under what Act the time frame is fixed ?
Ans. The time frame is fixed under Assam Right to Public Service Act,2012. - What is the fee for partition ?
Ans. User fee for office partition is Rs 200 for Urban areas and Rs 100.00 for rural areas. No user fee has been fixed for field partition so far. - Whether the fees for partition can be deposited on line ?
Ans. User fee can be deposited on line through payment gateway. - Whether any appeal against a partition order can be filed?
Ans. Appeal can be filed against any partition order passed by revenue officer. In case of field mutation a Circle Officer can review his order U/S of 53(A) 2 of Assam Land Revenue Regulation 1886. - Who are the appellate authorities?
Ans. Appeals shall lie under Section 147 of ALRR1886 as follows- to the Board of Revenue from orders, original or appellate passed by a Deputy Commissioner,Settlement officer.
- to the Deputy Commissioner, from order passed by Circle Officer.
- Is there any limitation of appeal ?
Ans.- No appeal under section 147,clause ( a) shall lie after expiration of 2 months from the date of order appealed against.
- No appeal under section 147,clause ( b), shall lie after expiration of thirty days from the date of order appealed against.
- .what are the pre conditions for obtaining partition ?
Ans . Title, possession and consent of co pattadars. - Whether any consent of co pattadars is required.
Ans. Yes, consent of co pattadar is must. - Whether any provision for getting information about any action required to be taken by an applicant during the process of partition ?
Ans.Yes, there is provision for sending alert messages to a applicant at various important stages of mutation process.
- What does conversion of Annual Patta (AP) to Periodic Patta (PP) mean ?
Ans. Conversion is an official process through which status of any land settled for one year mostly in Villages (Annual Patta) or three years mostly in Towns ( Short Lease Patta) is changed to longer tenure with right to transfer which is restricted in respect of Annual or Short Lease Patta. - What are the rights of an Annual Patta Holder ?
Ans. An Annual Patta Holder is not a Land Holder but a Settlement Holder only to whom settlement of land is offered only for one year. Except for the hereditary right, the AP Holder has got no transferable right over the AP Land. - What will happen if Annual Patta land is transferred or purchased ?
Ans. If it is brought to the notice of the Revenue Officials with sufficient proof that any AP land is transferred in violation of the Rules then a proceeding for non renewal of the Annual Patta `shall be initiated and the Annual Patta will be can cancelled making the land Government. The above proceeding can be initiated either on receipt of information from anybody including the Land Record Staff or suo-moto. Once the AP land is made government, the land will be at the disposal of the Government in the Land Revenue & DM Department, BTC which shall decide on further course of action whether to settle the land or evict the person occupying the land. - Which are the Acts or Rules we find provisions for defining Annual Patta and rights of AP Holder ?
Ans. Section 11 of the Assam Land and Revenue Regulation,1886( As amended) and Rule 1(2)(c) of the Rules under the Assam Land and Revenue Regulation,1886( As amended) prescribe about the definition and rights of Annual Patta Land. - What are the benefits I will get if I get my Annual Patta land converted to Periodic Patta ?
Ans. Once the AP land is converted to PP land , the Land owner shall have a permanent,heritable and transferable right of use and occupancy in his land. It will be possible for the land holder to obtain Bank Loan against the PP land and also to lease out the land. - Which are the Acts or Rules we find provisions for defining Periodic Patta and rights of Periodic Patta Holder ?
Ans. Section 9 of the Assam Land and Revenue Regulation,1886( As amended) and Rule 1(2)(d) of the Rules under the Assam Land and Revenue Regulation,1886( As amended) prescribe about the definition and rights of Periodic Patta Land. - How to apply for conversion of Annual Patta land to periodic Patta land ? What are the documents required to be furnished along with the application ?
Ans. The Annual Patta Holder shall apply before the concerned Circle Officer under whose jurisdiction the AP land falls on plain paper affixing appropriate Court fee clearly mentioning the land schedule. In rural areas however, provisions for initiating suo-moto conversion process has also been made where the concerned Land Recorder (Lot Mandal) shall submit conversion proposal to the Circle Officer. The applicant has to furnish along with the application up-to-date land revenue payment receipt. - Who is the competent authority to convert Annual Patta Land to Periodic Patta Land ?
Ans.~ As per Rule 13 of the Rules under the Assam Land Revenue Regulation,1886(As amended)/ Government Land Policy,1989 the conversion of Annual lease into Periodic shall be granted:
- By Circle Officer in rural areas excluding the area falling within the radius of 3 KMs from the boundary of notified Urban Local Body.
- By the Principal Secretary/Secretary with the approval of Departmental Executive Member of the BTC in respect of the area falling within the notified Urban Local Body and area within the radius of 3 KMs from the boundary of Urban Local Body.
- Are there any criteria/conditions which requires to be fulfilled for conversion of AP land to PP land ?
Ans.- As per the provisions of Rule 105 of Assam Land Records Manual,1906 all applications for conversion should be inquired into and disposed of, as far as possible, within a period of three months from the date of receipt of the application. The following conditions need to be fulfilled in this regard:
- The land should be demarcated and actually surveyed.
- The land must be in a village which has been traversed, surveyed, mapped and classed.
- The land must be actually cultivated with some permanent crop or occupied for permanent residential purposes.
- Rule 23 of the Settlement Rules framed under the ALRR, 1886 provides that no new periodic patta shall be issued in respect of land within one chain (66 feet) of the 35 feet reservation along roads maintained by the State or the Union Government without special orders from the Govt.
- No new periodic pattas will be proposed or ordered to be issued, if there exists any dispute over possession or over prima facie title of the land in question.
- No new periodic pattas shall be proposed or ordered to be issued for lands within an area covered by a mining lease or situated within a town area or within 2 miles from the town area or within such distance from the town area as may be notified by the State Govt. from time to time, except under special orders of Govt. and on payment of such premium, if any, as may be fixed by Govt. from time to time.
- Further, the conversion of Annual Lease into periodic will be limited to:
- The maximum area allowed to be held in rural area as per provisions of the Assam Fixation of Ceiling on land Holdings Act, 1956, as amended, inclusive of the periodic land already held by the family of the settlement holder;
- While granting conversion of A.P. into P.P.in rural area, no portion of land falling within 22.5 metres (75 feet) from the centre line of the P.W.D. Road / N.H. way and falling within 15 metres (50 feet) from the centre line of the roads other than P.W.D. Road / N.H. way will be converted into periodic.
- The land applied for conversion should be in the name of the original AP holder or his/her legal heirs. No conversion is admitted for the portion of AP land which is transferred in violation of Rules.\\
- As per the provisions of Rule 105 of Assam Land Records Manual,1906 all applications for conversion should be inquired into and disposed of, as far as possible, within a period of three months from the date of receipt of the application. The following conditions need to be fulfilled in this regard:
- Can I sell my land which has been converted to Periodic patta last year ?
Ans. There is a restriction on transfer of land which has been converted to periodic patta until it completes ten years from the date of conversion order. - A part of my Annual Patta land has been acquired for widening of road. Since the the land is not converted to Periodic Patta will I get full compensation against the acquired land ?
Ans. No. You will get the compensation deducting the amount payable as conversion premium. - If my Annual Patta land is converted to Periodic Patta do I need to pay more land revenue ?
Ans. Not necessarily because the land revenue is assessed depending upon the class of the land. - Can Annual Patta land be mortgaged ?
Ans. Annual Patta land can be mortgaged to the Government or Government sponsored Registered Co-Operative Societies for getting loan etc.
