Mutation of Names in Record of Rights under West Bengal Land Reform Act

Refer West Bengal Land Reform Manual

56. (i) Mutation, meaning substitution of the name of a person by the name of another in
the record-of-rights, may be done by a prescribed authority under section 50 of the West
Bengal Land Reforms Act, 1955.

(ii) Mutation is done on the following grounds :

a) Transfer by sale, gift or hebanama;
b) Exchange, and
c) Inheritance.

(iii) Mutation, claimed on the basis of transfer shall not be allowed without a registered deed.
(iv) Application for mutation requires no court fee stamps for filing. Applications may be made on plain paper.

57. (i) Applications for mutation should be accompanied by a copy of the deed of transfer. In case of inheritance, documents if any, in support of such inheritance should be furnished.
(ii) Copy of rent receipt showing the payment of up-to-date revenue and cess of the land in question should also be furnished.
(iii) In addition to the above, the applicant will have to furnish an undertaking to the effect that in case the mutation is allowed he will have no claim over the land if in future it vests in the State in any proceedings under any provision of law.
(iv) Applications for mutation may be filed in the Office of the R.I. or B.L.L.R.O., or in higher offices. Where an application has been filed in offices other than that of the R.I., it should be immediately sent to the R.I. for enquiry.

58. As soon as an application has been received in the Office of the R.I. it should be entered in Register IX.

59. (i) In respect of every application for mutation, the R.I. will start a case and hold an enquiry with previous notice to the petitioner praying for mutation.
(ii) During such enquiry, the R.I. should—
a) verify physical possession of the applicant;
b) examine the registered transfer-deeds; and
c) where mutation has been claimed on ground of inheritance, collect necessary evidence in support of such inheritance from the locality.

(iii) The R.I. will verify if the plot in respect of which mutation has been prayed is vested or if it is a patta land. Such verification should also include examination of the copy of the R-O-R available with him. If such copy is not available with him, he will collect necessary information from the Office of the B.L.L.R.O.
(iv) The R.I. will submit the report to the B.L.L.R.O.

60. Mutation applications will be disposed of by one of the Revenue Officers attached to the office of the B.L.L.R.O. (Block Land & Land Reforms Officer). For this purpose, all Revenue Officers have been appointed as “prescribed authority” under section 50 of the West Bengal Land Reforms Act.

61. The procedure for disposal of the mutation petitions will be as under :
(a) Where the mouza has been finally published and the copies of record-ofrights are already available with the Revenue Inspector, he will, after previous consultation with the concerned Revenue Officer (the Prescribed Authority u/s 50 of the West Bengal Land Reforms Act), fix a date for hearing in his office.
(b) Notice for hearing will be issued to the applicant under the signature of the Revenue Inspector.
(c) On the date fixed the Revenue Officer will attend the Office of the Revenue Inspector and take the hearing.
(d) The Revenue Officer will carefully consider the memorandum of enquiry prepared by the Revenue Inspector and examine the original documents produced by the applicant.

62. If after considering all aspects of the case the Revenue Officer is satisfied that mutation should be allowed, he should, as the Prescribed Authority pass an order to the above effect. On the very day the copy of the record-of-rights should be corrected to reflect the mutation.

63. A certificate of mutation should be issued to the applicant in Form A of Appendix III.

64. Necessary entries should be made in Register IX immediately after the orders allowing the mutation have been passed by the Revenue Officer.

65. The Revenue Inspector should send intimation to the Block Land & Land Reforms Officer along with a copy of the certificate of mutation for correction of the original records lying in the Office of the Block Land & Land Reforms Officer.

70. Applications for mutation in respect of lands in mouzas where work under section 51 has been taken up, but has not proceeded up to the stage of final publication should be dealt with the following manner:
(a) If on receipt of the mutation application it is found that the name of the applicant has already been incorporated at any stage of the preparation/revision u/s 51 of the W.B.L.R. Act, the applicant should be informed accordingly in Form B of Appendix III. No further action will be necessary.
(b) If the name docs not stand recorded but the application can be conveniently considered within a reasonable period of time at any stage of preparation/revision, the petition should be disposed of at that stage. If the petition is allowed wholly or in part, the applicant should be informed as at
(a) above.
(c) In a case where the name of the applicant has not been recorded at any stage u/s 51 of the W.B.L.R. Act, and his application cannot be conveniently disposed of at any subsequent stage, it should be disposed of u/s 5IB or section 50 read with sec. 50A of the Act.

71. Land Transfer Notice under rule 3 of the West Bengal (Transfer of Holding) Rules, 1965 should be disposed of in the same manner as mutation petitions.

72. All mutation petitions should be disposed of within a period of three months from the date of receipt of the same.

73. Where a mutation application has been rejected, the applicant should be invariably informed stating in brief the ground for rejection.

74. All inspecting officers shall, in course of their visit to the Offices of Block Land & Land Reforms Officer and Revenue Inspector, conduct sample check of the case records relating to mutation and registers.

75.The Director of Land Records & Surveys, W.B. will issue detailed instructions regarding correction of maps and record-of-rights consequent upon orders under this chapter.