Section 39 in The Bihar Government Estates (Khas-Mahal) Manual, 1953
39. Fees for mutation cases.
- This rule governs application for mutation filed by occupancy raiyats, tenure-holders and raiyats holding at fixed rates. Mutation involves change in the name of the occupants of the holdings due to-(a)succession or inheritance;(b)transfer by sale, gift or exchange; and(c)partition.So far as the Khasmahal is concerned succession by inheritance does not affect the position of the occupancy raiyat. In such cases the application should not bear any court-fee stamp. In case of succession to a permanent tenure and a holding at fixed rates a tenant has to deposit with the Collector the usual landlord's registration fee prescribed by the Bihar and the Chota Nagpur Tenancy Acts. This also applies to cases of transfer of occupancy holdings, permanent tenure or holdings at fixed rates. When an occupancy holding is partitioned by an order of a court or otherwise, no fee is chargeable on an application for mutation in such cases. In case of a partition of a permanent tenure or a holding at fixed rates an application for mutation should bear one rupee and fifty paise court fee stamp together with a surcharge of 65 paise only. All applications for mutations should on receipt be entered in Register 27 in which the following two columns should be added before use:-(1)Date on which correction of Khasra and Khatian is made.(2)Signature of the officer who authenticates revision.If on enquiry by the Tahsildar, it is found that the application is unopposed no entry need be made in Register 8. But should it be opposed a mutation case should be started and transferred to Register 8. A case should also be started at once and entered in Register 8, if a mutation already allowed is challenged by an applicant.
