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State of Bihar - Section

Section 3 in Bihar Land Mutation Act, 2011

3. Filing of petition for mutation.

(1)A person acquiring interest in a holding or a part thereof by any means/instrument, shall, within 90 days of the acquisition of such interest, file petition in prescribed form before the Circle Officer of the area in whose jurisdiction the holding or a part thereof is situated for mutation of his name in respect of the holding or a part thereof in the Continuous Khatian, Tenants' Ledger Register and Khesra Register.
(1A)[ In such cases in which mutation petition is not filed within 90 maximum days from the date of acquiring interest over that land, delay condonation petition will be enclosed in prescribed form with such mutation petitions mentioning the reasons of delay in filing mutation petition. If delay condonation petition is enclosed with the mutation petitions, the Circle Officer will decide such cases on its merit.
(1B)Online mutation applications will be received through web-site and from registration offices after registration of land transfer deeds. On such informations, the Circle Officers of such notified Anchals will dispose of mutation cases on the basis of online process.] [Added by Bihar Act No. 22 of 2017, dated 4.9.2017.]
(2)[ Any person acquiring any interest in any holding or a part thereof by sale, gift, exchange, partition, whether by court or otherwise, succession interstate or testamentary, will, Land Acquired by the various departments/ Boards and Corporations of the State Government through registered deed (under conditions of perpetual lease), settlement/transfer/assignment of public land by Competent Authority, grant of land by the Bhoodan Yagna Samiti, conferment of tenancy rights under the Bihar Privileged Persons' Homestead Tenancy Act, 1947, acquisition of occupancy rights as under raiyat-under the Bihar Tenancy Act, 1885, restoration of holding or part thereof to a former raiyat under the land Acquisition Act, 1894, Restoration of holding or part thereof to a former raiyat under the Land Acquisition Act, 1894, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013) The National Highways Act, 1956 and The Railways (Special) Act, 2008, house-sites purchased under Policy for Purchase of Raiyati land for house-siteless Mahadalit families 2010, restoration of holding or a part thereof to former raiyats under the Kosi Area (Restoration of land to Raiyat) Act, 1951, settlement of surplus and under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, an order/decree of any court or any other means/instrument of transfer notified by the Government, may file a petition in the prescribed manner for mutation of his name in respect of that holding ora part thereof in the Continuous Khatian, Tenants' Ledger Register/Jamabandi Register and Khesra Register in the office of the Circle Officer in whose jurisdiction the holding or a part thereof is situated or in a camp organized by the Circle Officer for the receipt of mutation petitions of the area.] [Substituted by Bihar Act No. 22 of 2017, dated 4.9.2017.]
(3)On receipt of petition for mutation either in the office or in the camp, the Circle Officer shall grant a receipt in a prescribed manner to the petitioner as an acknowledgement.
(3A)[ After registration of land, the Circle Officers of those notified Anchals will take suo motu cognizance for Online Mutation and start mutation case record within three working days. The Circle Officer shall issue general notice and particular notice in prescribed form. After issuing general notice and also particular notice, the Circle Officer shall abide by the prescribed procedure for disposal of the mutation case records.] [Added by Bihar Act No. 22 of 2017, dated 4.9.2017.]
(4)The Circle Officer shall cause each mutation petition to be registered in order of their receipt in the Mutation Petition Register being maintained in the Circle Office.
(5)The Circle Officer shall cause to open a separate case record in the prescribed manner for each mutation petition.Chapter - III Authority to intimate the Circle Officer