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State of Rajasthan - Section

Section 136 in Rajasthan Land Revenue (Land Records) Rules, 1957

136. Cases in which mutation order must show whether the transfer includes a share in the Shamlat.

- As regards transfers by sale gift, mortgage or exchange, it is necessary to show whether a share of the Shamlat is transferred with the land and the following instructions should, therefore, be observed on this subject:-
(i)In cases of sale, gift or mortgage, the mutation order should always state whether a share of Shamlat is included in the transfer. In cases of exchange the Shamlat is generally excluded from the transfer and nothing should, therefore, be said about it except where it is specifically included when the fact that is included should be mentioned in the mutation order.
(ii)If a deed of transfer by sale, gift or mortgage does not specifically mention that share of Shamlat is transferred with the land, it should be presumed that the Shamlat is not transferred.
(iii)Where a mutation of inheritance, sale, gift or mortgage concerns a share of the Shamlat. Shamlat Khata should be entered in the mutation so that the mutation of the cosharers in the Shamlat may be correctly entered in the jamabandi.
(iv)[Omitted].
(v)When the mutation refers to a mortgage, it is necessary to show the mortgagee as "Murtahin Mae Hissa Shamlat" or "Murtahin Bila Hissa Shamlat" as the case may be.