Mutation is a process of change in a form. It is the transfer of rights, transfer of ownership by a legal way like inheritance of the land or property from a deceased person to his/her legal heirs. Mutation means a change of entry in revenue records. Standing order 23-A gives detailed instructions for the revenue department from Patwari to the revenue officer of attesting level that should be strictly followed.
The idea of mutation is to update entries in the record of rights. The mutations are duly attested. It keeps the record safe but does not confer any title. It is believed that the entries made in Revenue Record are not a complete proof of ownership and the mutation attested does not confer complete right. No change is allowed in Jamabandi without the orders of the attesting officer on mutations. There shall be fair enquiry and the interested parties are summoned and heard in presence of Lumberdar and Chowkidar while local Zamindars witness the procedure. Absence of a party is no ground for rejecting the 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.

The writer is In-charge District Record Room Anantnag. [email protected]

MOHD AMIN MIR