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State of Bihar - Section

Section 3 in Bihar Land Mutation Rules, 2012

3. Filing of petition for mutation

- [(1) "Any person acquiring an interest in a Jamabandi or a part thereof by any means/instruments, may file a petition in "Form-IA" in the office of the Circle Officer in whose jurisdiction the Jamabandi or part thereof is situated or before Circle Officer of the area, for mutation of his name in respect of that Jamabandi or a part thereof in the Continuous Khatian, Tenants' Ledger Register, Jamabandi Register and Khesra Register, which shall be maintained in the Halka and Circle Office, in "Form IB", "II", IIA and "III" respectively.] [Substituted by Amendment Rules, 2017.]
(1A)[ Cases in which mutation petition is filed after maximum 90 days from the date of acquiring interest over any Jamabandi or part thereof before the Anchal Adhikari (Circle Officer) of the area, in such cases the petition for the condonation of delay shall be enclosed with such mutation petitions, showing reasons for delay, by the petitioner in prescribed Form-1AA.] [Inserted by Amendment Rules, 2017.]
(2)The following documents shall be enclosed with the mutation petition to be filed by the petitioner in Form- IA:-
(i)Self-attested photocopy of registered deed in case of acquisition of interest in a holding or a part thereof through sale, gift and exchange.
(ii)Self-attested photocopy of previous deed(s) or order(s), if any, in case the land has been transferred, without being mutated.
(iii)Self-attested photocopy of Will along with its probate order passed by the competent court in case of acquisition of interest through Will.
(iv)Self-attested photocopy of the order/decree of the court in case of acquisition of interest through order/decree of the competent court.
(v)Self-attested photocopy of registered deed of partition in case of partition through registration.
(vi)Self-attested photocopy of document showing consent of all cosharers and the signatures of the co-sharers which shall be duly identified by members of Panchyat Samiti / Sarpanch / Mukhia / Ward member / Panch in rural areas or Ward Commissioner in urban areas in case of partition by mutual consent.
(vii)Self-attested photocopy of the documents showing the death of the ancestor and the petitioner as the successor of the deceased in case of acquisition of interest through succession.
(viii)Self-attested photocopy of document of settlement / parcha of Bhoodan land issued by Bhoodan Yagna Samiti in case of settlement of Bhoodan Land.
(ix)Self-attested photocopy of document of settlement / transfer / assignment of public land issued by the competent authority in case of acquisition of interest through settlement / transfer / assignment of public land such as Gair Mazarua Malik / Khas, Gair Mazarua Aam, ceiling surplus land etc.
(x)Self-attested photocopy of purcha issued under the Bihar Privileged Persons' Homestead Tenancy Act, 1947 in case of settlement under the said Act.
(xi)Self-attested photocopy of tripartite registered deed in case of purchase of land for Mahadalit families under the Land Purchase Policy, 2010 of the Department of Revenue & Land Reforms, Government of Bihar.
(xii)[ "Self attested photocopy of document showing restoration of Land or part thereof to the raiyat in case of restoration of land to the former raiyat or their descendants/Legal heirs under 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.] [Substituted by Amendment Rules, 2017.]
(xiii)Self-attested photocopy of document showing restoration of land to former raiyat in case of restoration of land to former raiyat under the Kosi Area (Restoration of Land to Raiyat) Act, 1951.
(xiv)Self-attested photocopy of the last rent receipt in respect of the holding or a part thereof for which petition for mutation is being filed, if available.
(xv)[ Self attested photocopy of the registered perpetual lease deed in respect of acquisition of land by the Departments/Boards/ Corporations of the State Government through Bihar Raiyati Land Lease Policy, 2014.] [Inserted by Amendment Rules, 2017.]
(3)[ "Mutation petitions will be received through two sources. Anchals notified for Online Mutation, mutation petitions will be received only through online and in those Anchals, which are not notified for Online Mutation, mutation petitions will be accepted on the RTPS Counter or in the Revenue Camp. On receipt of mutation petition either in the office or in the Revenue camp, the circle officer shall grant a receipt in "Form-IV" to the petitioner as an acknowledgement. Apart from these, on receipt of Registered Deeds online from Registration Offices, concerned Circle Officer will take suo-motu cognizance and start mutation record in maximum three working days and take steps for their disposal.] [Substituted by Amendment Rules, 2017.]
(4)The Circle Officer shall cause each mutation petition to be registered in order of their receipt in the Mutation Petition Register which will be maintained in the Circle Office in Form-V.
(5)The Circle Officer shall cause to open a separate case record for each mutation petition in which case number, date of filing, names of the parties will be entered and every order/instruction/submission shall be recorded in the case-record along with the proceeding which shall be maintained date wise under the signature of the presiding officer.
(6)The case records shall be opened and case number with the year of filing shall be given in the order of the receipt of petitions.Chapter-III Initiation of Mutation Proceeding on the basis of intimation by Authorities