Mutation means the transfer of land from one person to another. There are many kinds of mutations like inheritance, sale deed, decree, dastabardari, section 4, section 8, section 12, section 7 and section 5 in the Agrarian Reform Act, LB6 and s432, etc but the one that is frequently reflected in Khana Milkiyat of Jamabandi and Girdawari is inheritance mutation and it is simple and difficult too. Simple if all legal heirs are included in the order of the inheritance mutation (there is no chance of litigation).
This author dealing with mutation copies in District Record Room found many inheritance mutations demand litigation and a maximum number of people take certified copies for litigation and they have been made urgent for this by the order mentioned in the mutations.
Suppose a person A – a khewatdar – dies and the patwari is duty-bound to enter the mutation within three months and he has to form a pedigree table mentioning all legal heirs. I found patwaris are very professional in this matter and they have and are mentioning all the legal heirs in the mutation on both parties known as Parti Patwar meant for patwari’s reference and on Parti Sarkar kept in the record room. A patwari has no authority to take signatures or thumb impressions from legal heirs or witnesses. It is only the attesting authority that is authorized and responsible for it.
In many cases, litigation starts when all legal heirs are not mentioned in the order and this situation is mostly found with the daughters of the deceased khewatdar. In many cases, the attesting authority has not paid keen attention while writing the orders. This author saw one mutation in Qasbai Baghat in Tehsil Anantnag. This mutation is an inheritance mutation and the deceased person’s mutation was entered by the patwari and later the mutation was attested but the order of mutation is not as per the law. The deceased has three sons and two daughters and one son has already died; now he has two sons one daughter and a wife as legal heirs. The order written is like this: Dakhlikhreg Haqiyati Motwafi Banami A and B sons equally four shares D and E daughters equally two shares and F and G sons of third deceased son C equally four shares and daughter of deceased son one share and wife of deceased son eighth share.
This mutation is litigious and if it is litigated, the legal fraternity will keep its fingers crossed as they know it cannot be decided for decades. This is one example but there are many such cases and among them, many are lingering in courts. The dawn has not come when such cases will be decided. Attesting authorities should have an eagle’s eye for it.
Author is In-charge Record Room Anantnag