Status Check, Procedures, Facilities

Organization : Department of Revenue & Land Reforms
Service Name : Procedure For Filing of Petition For Mutation of Land
Applicable State: Bihar

Website : http://biharbhumi.bihar.gov.in/Biharbhumi/

For Filing of Petition For Mutation of Land

What is Mutation of Lands?:
Mutation means substitution of the name of a person by the name of another in relation to property in the record showing right or title to the property.

Related : Department of Revenue & Land Reforms Search Your Land Online Bihar : www.statusin.in/10117.html

“Mutation” means alteration in the entries in the Continuous Khatian, Tenants’ Ledger and Khesra Register on account of transfer of right of a person in a holding or a part there of by way of any of the following means/instruments :-
(a) Sale-Purchase,gift,
(b) Exchange,
(c) Partition of Holding,
(d) Inheritance/ succession intestate or testamentary,
(e) Will,

(f) Order/Decree of court under Code of Civil Procedure, 1908,
(g) Order/Decree of court under The Bihar Land Disputes Resolution Act,2009,
(h) Settlement/ Transfer/Assignment of Public Land by competent authority,
(i) Acquisition under the Land Acquisition Act, 1894,
(j) Land granted under the Bihar Bhoodan Yagna Act, 1954,
(k) Settlement of Homestead under the Bihar Privileged Persons Homestead Tenancy Act, 1947,
(l) Tripartite purchase of raiyati land for Mahadalit families under Purchase Policy, 2010,
(m) Restoration of land to former raiyats under the Kosi Area (Restoration of Lands to Raiyats) Act, 1951,
(n) Restoration of land to former raiyats under the Land Acquisition Act,1894,
(o) Settlement of surplus land under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, or
(p) Through any other means/ instrument which the Government may notify from time to time.

Why Mutation of Land is needed?:
? Through mutation of land, a person is able to acquire the rights of the land.
? In order to avoid the controversy on the ownership of the land the mutation is worked out by both the parties, i.e. buyer and seller.

Legal Framework:
The mutation proceeding is governed by the provisions of The Bihar Survey & Settlement Act,2011, The Bihar Survey & Settlement Rules,2012 and The Bihar Land Mutation Act,2011 and The Bihar Land Mutation rule,2012.

Concerned Department:
The Revenue and Land Reforms Department, Government of Bihar

Procedure for Filing of petition for mutation of land:
Any person acquiring an interest in a holding or a part thereof by any means/instruments, may file a petition in Form-IA in the office of the Circle Officer in whose jurisdiction the holding or a part thereof is situated or in a camp organized by the Circle Officer for receiving mutation petitions of that area, for mutation of his name in respect of that holding or a part thereof in the Continuous Khatian, Tenants’ Ledger Register and Khesra Register, which shall be maintained in the Halka and Circle Office, in Form-IB, II and III respectively.

Necessary Documents to be attached:

The following documents shall be enclosed with the mutation petition to be filed by the petitioner in Form- IA :-
(i) Self-attested photocopy of registered deed in case of acquisition of interest in a holding or a part thereof through sale, gift and exchange.
(ii) Self-attested photocopy of previous deed(s) or order(s), if any, in case the land has been transferred, without being mutated.
(iii) Self-attested photocopy of Will along with its probate order passed by the competent court in case of acquisition of interest through Will.
(iv) Self-attested photocopy of the order/decree of the court in case of acquisition of interest through order/decree of the competent court.
(v) Self-attested photocopy of registered deed of partition in case of partition through registration.
(vi) Self-attested photocopy of document showing consent of all co-sharers and the signatures of the co-sharers which shall be duly identified by members of Panchyat Samiti /Sarpanch / Mukhia / Ward member / Panch in rural areas or Ward Commissioner in urban areas in case of partition by mutual consent.
(vii) Self-attested photocopy of the documents showing the death of the ancestor and the petitioner as the successor of the deceased in case of acquisition of interest through succession.
(viii) Self-attested photocopy of document of settlement / parcha of Bhoodan land issued by Bhoodan Yagna Samiti in case of settlement of Bhoodan Land.
(ix) Self-attested photocopy of document of settlement / transfer / assignment of public land issued by the competent authority in case of acquisition of interest through settlement / transfer / assignment of public land such as Gair Mazarua Malik / Khas, Gair Mazarua Aam, ceiling surplus land etc.
(x) Self-attested photocopy of purcha issued under the Bihar Privileged Persons’ Homestead Tenancy Act, 1947 in case of settlement under the said Act.
(xi) Self-attested photocopy of tripartite registered deed in case of purchase of land for Mahadalit families under the Land Purchase Policy, 2010 of the Department of Revenue & Land Reforms, Government of Bihar.
(xii) Self-attested photocopy of document showing restoration of land or a part thereof to the raiyat in case of restoration of land to the former raiyat under Land Acquisition Act, 1894.
(xiii) Self-attested photocopy of document showing restoration of land to formerraiyat in case of restoration of land to former raiyat under the Kosi Area (Restoration of Land to Raiyat) Act, 1951.
(xiv) Self-attested photocopy of the last rent receipt in respect of the holding or a part thereof for which petition for mutation is being filed, if available.

Sanctioned Authority and address:
Contact with the Circle Officer.

Time-Limit for Disposal of mutation cases:
Time-Limit for Disposal of mutation cases in regular mutation courts:
(1) The time limit for disposal of mutation cases, in which no objection has been received, in a regular mutation Court, shall be twenty-one (21) working days from the date of receipt of the mutation petition, eighteen (18) working days for passing the order and three (03) working days to issue the correction slip.
(2) The time limit for the disposal of mutation cases, in which objections have been received, in a regular mutation court shall be sixty -three (63) working days from the date ofreceipt of the mutation petition, sixty (60) working days for passing the order and three (03)working days to issue the correction slip.

Time limit for Disposal of mutation Cases in Camp court:
(1) The time limit for disposal of mutation cases, in which no objection has been received, in a camp Court shall be eighteen (18) working days from the date of receipt of the mutation petition, fifteen (15) working days for passing the order and three (03) working days to issue the correction slip.
(2) The time limit for the disposal of mutation cases, in which objections have been received, in a camp court, shall be sixty -three (63) working days from the date of receipt of the mutation petition in the camp court, sixty (60) working days for passing the order and three (03) working days to issue the correction slip.

Official Timing:
10.00 am to 03.00 pm in any working days at RTPS counter.

With whom to register complain:
Any person aggrieved by the order of the Circle Officer may file an appeal against the order in the Court of Land Reforms Deputy Collector concerned within thirty (30) days from the date of the order.