Law for Everyday Life
Why is mutation required?
THE success or failure of a system of registration will depend on the completeness and promptness with which mutations are reported. Mutation is any changes that affect entries in the registers, such as changes in the land, in the conditions under which it is held or in the holder of the rights. During the earlier stages of registration, there are likely to be many delays and omissions in reporting mutations, especially those that do not involve a formal transaction, and such delays and omissions will never entirely cease, at least in underdeveloped countries, like Bangladesh, if the duty of reporting is left entirely to the initiative of the persons affected.
Mutation is largely required for maintenance and revision of the record of rights upon transfers and its correction upon inheritance with regards to partition and ownership. Our national legislation, The State Acquisition and Tenancy Act 1950, contains the following provisions with regards to mutation.
THE STATE ACQUISITION AND TENANCY ACT, 1950
Chapter XVII - Maintenance and revision of the record-of-rights
Maintenance of the record-of-rights
143. The Collector shall maintain up-to-date, in the prescribed manner, the record-of-rights prepared or revised under Part IV or under this Part by correcting clerical mistakes and by incorporating therein the changes on account of-
(a) the Mutation of names as a result of transfer or inheritance;
(b) the subdivision, amalgamation or consolidation of holdings;
(c) the new settlement of lands or of holdings purchased by the Government; and
(d) the abatement of rent on account of abandonment or diluvion or acquisition of land.
Correction of the Record-of Rights upon inheritance
143B. (1) Person acquiring immovable property by inheritance according to their respective personal laws shall amicably effect partition of the property among them after the death propositus. After such partition, an instrument of partition shall be prepared and signed by all the concerned parties and shall be registered under the Registration Act, 1908.
(2) Upon presentation of the instrument of partition prepared, signed and registered under sub-section (1), the Revenue-officer shall revise the Khatian in accordance therewith.
"Revenue-officer" includes any officer whom the Government may appoint to discharge all or any of the functions of a Revenue-officer under this Act.
Procedure for correction of the record-of-rights
143C. (1) The Revenue-officer on receipt of the notice under section 89 shall open a file for Mutation of record-of rights and shall issue notice to the co-sharers of the holding for Mutation.
(2) For this purpose the Revenue-officer shall fix a date for objection if any. If no objection is raised within the stipulated period, the Revenue-officer shall correct the record-of-rights accordingly.
(3) If any objection is filed by any co-sharer of the holding, then the Revenue-officer shall fix a date for hearing both the parties, and after hearing, the Revenue-officer shall pass an order stating the reasons thereof, and the record-of-rights shall be corrected accordingly.]
Section 143B and 143C were added by section 3 of the State Acquisition and Tenancy (Amendment) Act, 2006 (Act No. XXXIX of 2006)
It must be remembered for instance that in countries where customs of inheritance prescribe absolutely the succession to landed property, there is no question of the formalities attached to the proving of a will and that in such countries land will frequently change hands without formal documents of any kind. Again many small sales, mortgages, leases, etc. may be made without written records of any kind. In these circumstances, the habit of prompt reporting may be very difficult to inculcate.
Compiled by Law Desk.
