Though land records are now easily available online in India, it may not be easy to decode some of the commonly cited terms used in these documents. So, we would explain the meaning of the term, Parati Sarkar, in this guide.
Parati Sarkar: The context
Land is a state subject under the Indian constitution. This empowers states in the country to levy taxes on land/property transactions and generate revenue. This also makes it mandatory to maintain land records. Property mutation is an age-old practice in India, used by states to meet both these targets.
What is mutation?
Property buyers in India are obliged to get their names entered replacing the name of the previous owner in revenue records. This process is known as mutation in context of the land revenue generation system in India. Parati Sarkar is a term often used in mutation documents in several north Indian states, including Jammu & Kashmir, and Himachal Pradesh.
What is the meaning of Parati Sarkar?
The state revenue department maintains two copies of the mutation. While one is kept in Patwari’s office, the other is kept in the assistant collector’s office. Parat Patwar is the Patwari copy of the new settlement record. Parat Sarkar is the government copy of the new settlement record.
A copy of the mutation kept in Patwari’s office is known as Parati Patwar, or Patri Patwar. A copy of the mutation kept in the assistant collector’s office is known as Parati Sarkar, or Patri Sarkar.
What is the difference between Parat Sarkar and Parat Patwar?
In a mutation register maintained by the revenue department, each leaf has a duly numbered foil and counterfoil. Parat Sarkar is basically the main entry while Parat Patwar is the entry on a counterfoil. Patwari is responsible to make entries in Parat Patwar under the existing entries of the Jamabandi. On the other hand, revenue officers make entries in the Parat Sarkar.
Patwari’s copy or Parat Patwar contains the brief substance of the revenue officer’s order while the Parat Sarkar contains the detailed order and is kept in the Tehsil in separate bundles. Details maintained here include the name of village, Tehsil, district, date of issue, owner’s name, etc.
How is Parat Sarkar useful for a property buyer?
To ascertain the ownership of the seller, a buyer in India must cross check all land records. A buyer should be more cautious while investing in land as compared to investing in flats, apartments, or buildings.
Mutation entries, such as Parat Sarkar, are a good way to check whether the land belongs to the seller. And if it belongs, find out about his share. By accessing a copy of the Parat Sarkar, a buyer will be able to gauge the entire history of the land ownership pattern.
How it can be done?
Whenever a mutation is done for a land or property, the Patwari makes a note in the remark column of the Jamabandi in pencil, writing down the mutation number and the type of mutation. Once the mutation is attested, the Patwari makes the entry in red ink, giving mutation number, mutation type, and date of the attestation. When a new Jamabandi is written, all the mutations accepted are attached to the new Jamabandi for cross-reference and an index sheet linking the mutations to the Khatas is placed in the Jamabandi.
To make sure there is no mismatch in the seller claims, the buyer should also check whether the entries made in the Parat Sarkar match with those made in Parat Patwar. A buyer will be in trouble if there is a mismatch between the two entries.
Is Parat Sarkar proof of land/property ownership?
No. In several of its judgements, the Supreme Court has reiterated that revenue records are the proof of ownership.
According to the apex court, mutation records don’t confer the title of a property on a person. In a declaratory suit, the owner will have to establish his ownership over the property independently.
“It is trite law that revenue records are not documents of title. This court in Sawarni versus Inder Kaur and Ors held that mutation in revenue records neither creates nor extinguishes title, nor does it have any presumptive value on title. All it does is entitle the person in whose favour mutation is done to pay the land revenue in question,” the apex court said while delivering its judgement in the P Kishore Kumar versus Vittal K Patkar case on November 20, 2023.
FAQs
What is property mutation?
Mutation is the process of replacing the name of the new owner with the previous owner in revenue records.
Are mutation documents legal proof of ownership?
No, mutation documents are not legal proof of ownership.
What is the meaning of Parati Patwar?
When a copy of the mutation is kept in Patwari’s office, it is known as Parati Patwar, or Patri Patwar.
What is the meaning of Parati Sarkar?
When a copy of the mutation is kept in the assistant collector’s office, it is known as Parati Sarkar, or Patri Sarkar.
In which states terms like Parati Patwar and Parati Sarkar are commonly used?
These terms are used in land revenue records of states like Punjab, Haryana, Jammu and Kashmir, Chandigarh, and Himachal Pradesh.
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