Assam Namjari - Land Mutation

Mutation means registration of the name of a person in the Record of Right (ROR), i.e. the process of transferring the title ownership of land from one person to another. Namjari or mutation is an essential process in all legal transactions involving land. Through mutating a land, a person will acquire the rights of the land, and the property details will be updated in the revenue record that is Jamabandi. In this article, we look at land mutation and procedure to apply for Assam land mutation in detail. Know more about Assam Land Reclassification

Importance of Land Mutation

It is obligatory for every proprietor, landholder, mortgagee succeeding to any land whether by transfer or inheritance need to apply to Deputy Commissioner or Circle officer for mutation of his/her name in the ROR (Jamabandi) as proprietor, landholder, manager, or mortgagee. Mutation can be done by way of sale, mortgage, gift, inheritance, will etc. but the annual patta land cannot be mutated except by mode of inheritance.

Mutation document is mandatory to fix the property tax payment liabilities
Mutation document is one of the crucial proof for ownership of a particular land
While transferring the property, the landowner should have to submit mutation document to a buyer for verification

If land or Property is jointly owned, then the mutation document or certificate will be provided with all names of the co-owners.

Types of mutation

There are two types of mutation such as Office mutation and field mutation.

Office mutation

Under section 50 of Assam Land Revenue Regulation 1886, Office mutation is usually done in Circle office. Circle officer passes mutation order subject to fulfilment of all conditions required for mutation. Office mutation is mandatory for urban or municipal areas. The citizen can apply for office mutation in rural areas also.

Field mutation

Field mutation is usually done in rural areas by Circle Officer during a field visit. The landowner can apply in a plain paper with required documents to Circle officer or Lot Mandal for field mutation. Note: Once the deed is registered in the Sub Registrar office, the detailed information about the buyer & seller is automatically recorded in the 31st column of Chita of that particular village, and concerned Circle Officer can start a mutation process sue motto without waiting for a formal application.

Governing Laws

Rule 211 of Assam Land Records Manual, 1906 and Section 53 (A) 1 of Assam Land Revenue Regulation 1886 governs the procedures for field mutation. Office mutation lays down under Rule 215 of Assam Land Records Manual, 1906 and section 50, 53 52, of Assam Land Revenue Regulation, 1886 and governs the procedures for

Time Frame

The mutation process has to be made within six months from the date of taking possession or assumption of charge if no objection from any person is filed during the proceeding. The certified copy of mutation order can be obtained within five days from the date of application.

Applicable Fee

Fee for office mutation in an urban area is Rs 200 and Rs 50.00 for rural areas. No charge has been fixed for field mutation so far and also mutation sought by way of inheritance in rural areas does not require any fee.

Penalty for Late Registration

If the mutation is not done within six months, a fine may be imposed to the extent at five times the registration fee.

Supporting Documents

In case Mutation (Registration) is sought by the transfer of land by way of gift, purchase, inheritance or mortgage or along with the specified form with required court fee, provide the following documents:

Photocopy of Original Registered Deed or certified copy of the deed of transfer.
Copy of up to date land revenue receipt or land revenue clearance receipt of the land
Affidavit

If Ownership got through is “Inheritance Mutation provides the following documents:

Affidavit (self-declaration) along with numbers of legal heir of the deceased
Proof of death (Death certificate) of the deceased Pattadar in whose land Mutation (Registration) it be done
Legal heir Certificate
Affidavit stating that the land has not been sold or mortgage earlier
Up-to-date Khajana (Land Revenue) receipt
Copy of NOC obtained from D.C. in case of transfer of land (NOC is not applicable in case of the prayer of mutation by inheritance).
Scan copy of filled up downloadable eForm with Court fee stamp

Field Mutation Application Procedure

There is no any prescribed format for field mutation application. The landowner who is seeking for field mutation can apply in a plain paper with required documents to Circle officer or Lot Mandal in their locality.

Office Mutation Application Procedure – Offline Method

Procedure to apply for Office mutation of agriculture land is given here. Step 1: Landowner will have to make an application in prescribed format to the Circle officer under whose jurisdiction the land is suited. Provide following details in the application form:

Applicant Details – Name, Father name and Mobile number
Address of the owner
Patta Number, Dag Number, Pattadar Number Ownership and possession Details

[pdf-embedder url="https://www.indiafilings.com/learn/wp-content/uploads/2018/09/ASSAM-APPLICATION-FOR-MUTATION.pdf" title="ASSAM APPLICATION FOR MUTATION"] Step 2: Submit an affidavit stating that the landowner does not possess land more than the limit laid down under the Assam Fixation of Ceiling on Land Holding Act, 1956 along with supporting documents. Note: You can send the application form and supporting documents to concerned office through courier. Step 3: For grant mutation, Circle officer need to apply to the Deputy Commissioner. Step 4: District level committee headed by DC will verify all land related documents and check the proposed land mutation with the prevailing rules and regulation. Step 5: Once the approval for mutation is accorded, the landowner (applicant) need to pay the applicable fee. Step 6: After payment of a fee, the deputy commissioner will issue Mutation Document. Circle inspector will make necessary entries in the land records.

Office Mutation Application Procedure – Online Method

Online application procedure for completing land mutation through online GMC portal is explained in step by step procedure here. Step 1: Access home page of Guwahati Municipal Corporation for online application of mutation. Step 2: Select the services option from the menu bar and click on mutation option from the drop-down menu.

Image 1 Assam Land Mutation Note: Before applying online, make sure all relevant documents are scanned and ready. Step 3: In the new page, provide details for application such as applicant details, holding particulars, Owner details.

Image 2 Assam Land Mutation Step 4: Upload all supporting documents (refer above), after uploading click on save changes. Receipt with application number will be generated.

Image 3 Assam Land Mutation Step 5: You can now make the payment now, enter the reference number and fee payment. Click on the make payment option. The application will be forwarded to the concerned authority.

Image 4 Assam Land Mutation After verification by circle officer and District Commissioner, Mutation document will be issued.

Status of Application

You can check the status of mutation application by visiting the GMC portal. Click on Track Application Status option from the menu. Enter mutation application number and captcha code shown.

Image 5 Assam Land Mutation Status of application will be displayed; you can print mutation document by clicking on the print option. Note : The landowner can also apply for mutation through ILRMS (Integrated Land Records Management System), Revenue and Disaster Management Department, Government of Assam after the Citizen-Centric Service is commissioned. Contact Details: Shri Hitesh Deka UDA, Mutation Branch, GMC Bhuban Road, Uzan Bazar GMC Office, Guwahati - 781001 Phone: +91 73996-20417