Section 133 in Rajasthan Land Revenue (Land Records) Rules, 1957
133. Transfer not effected.
- Except in cases of entries of collateral mortgages in the Jamabandi, the Patwari should also ascertain whether possession has passed and mutation of transfer by gift, sale or mortgage should not be attested unless-(a)possession is proved to have actually passed: or(b)the parties have agreed before the attesting officer that possession has passed: or(c)the parties have agreed in a registered document that possession has passed. A mutation should not be refused merely because it is claimed that the alienor has no right by custom or statute to make such alienation. Such transaction is a 'Fact' until it is set aside in due course of law.
