Mutation of property is done only for fiscal purposes and it has no impact on the validity of property’s ownership title, the Uttarakhand High Court (HC) has ruled.
“It only enables the person in whose favour mutation is ordered to pay land revenue…mutation of name in respect of agricultural land does not create or extinguish title nor has it any presumptive value on title,” the HC said.
The recent order of the high court is in line with the Supreme Court order passed in the Jitendra Singh Vs. State of Madhya Pradesh case. Various high courts in India have also reiterated the same in previous cases pertaining to property and land mutation.
“As per the settled proposition of law, mutation entry does not confer any right, title or interest in favour of the person and the mutation entry in the revenue record is only for the fiscal purpose…Entries in the revenue records or jamabandi have only fiscal purpose,” i.e., payment of land revenue, and no ownership is conferred on the basis of such entries,” the SC had said in an order in 2021.
Under the existing law in the state, revenue authorities empowered to record a change in mutation entry are not empowered to settle a dispute over the property title.
“So far as the title of the property is concerned, it can only be decided by a competent civil court,” the SC had said.
“Mutation proceedings are summary in nature, which are subject to finding recorded in a regular suit,” the HC order stated.
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An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.
In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel.
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