Mutation is a important factor in land ownership in Bangladesh. When you become an owner of a land/property, you need to complete the mutation. It is a very important piece of evidence for the title of the land.

You will not be able to sell the land if your name is not on the latest Khatian or you update the record through mutation. In another way, you will not be able to buy a land, if the seller’s name is not mutated.

If you have some property, you should have some idea of mutation.

In this post, I will give you some idea about mutation – what it means, the value of it, its relationship with the title of a land and other related legal stuff.

Definition

In general, mutation means recording the new owner’s name in the Khatian who have become the owner by way of transfer or inheritance[1].

In other words, it means the legal process of recording the name of the new owner of a land, by amending and updating the Khatian, for the convenience of paying land development tax[2].

জমা খারিজ (Separation of holding)

If a Khatian contains the name of several owners, separating the portions of an owner by creating a new Khatian is called জমা খারিজ. Section 117 of the State Acquisition and Tenancy act 1950 (the “SAT Act“), deals with Joma Kharij.

Section 143 of the State Acquisition and Tenancy act 1950, Rule no. 8, 9 and 23 of the Tenancy Rules 1954-1955 deals with mutation. Besides those, there are numerous circulars that government issued in this regard.

When mutation is required

If a person becomes owner of the land by any legal means, the relevant Khatian needs to be updated. Then a mutation is required.

One of the basic purposes of the mutation is to inform the government about the latest change of the ownership and enable the government to collect land tax from the new owner.

Usually, mutation is required for the following reasons:

  • If the land owner dies and his/her successors want to update the records.
  • If the ownership of the land is transferred by registered deed.
  • If land ownership is dissolved for alluvion or under section 90, 91, 92, 93 of the SAT Act.
  • If a person becomes owner of a land by the decree of a civil court.
  • For settlement of khas land.

Process of mutation

To mutate a piece of land, the owner need to apply to the AC (Land) in prescribed form. There are certain government fees involved.

In the application form, the applicant must clearly mention

  • the name and address of the applicant and the transferor;
  • detail description of the land and its surrounding boundary, size, nature and identification of the land;
  • information relating to all previous Khatians;
  • registered deed number and date of such registration.

Moreover, the applicant ought to attached copy of

  • title deed, via deed,
  • copy of Khatian,
  • receipt of payment of land development tax,
  • copy of the decree or judgment obtained from competent court (if applicable),
  • passport size photograph of the applicant etc. with the application.

In case of transfer by inheritance, the process is a bit different. A succession certificate is required.

Mutation proceeding is not judicial proceedings in which title to immovable property is determined[3]. It can at best be used as an item of evidence[4].

Remedy against the decision in any mutation case

Appeal

If any person is not satisfied with the decision of the mutation case, can file an appeal to the collector and the appeal can go to the Commissioner of the Division[5].

There is also options for review and revision.

Mutation with relevant government agency for leasehold property

If your property is a leased from any government agency (e.g. RAJUK, National Housing Authority), you may need to update record maintained at that government agency.

If you directly obtained the lease from the government agency, then no mutation is required with the agency. However if you obtained the land from by any means other than the lease, you should mutate your name in the record maintained with the agency.

Mutation and title of the land

I have complete mutation, so I am the owner of the land, right? I got this question quite often.

The answers is not that simple.

Let’s start with Khatian, because by mutation, we are updating it.

Khatian itself is not a document of title. It is an evidence of present possession[6]. A Khatian neither creates nor destroy title. It is merely a record of physical possession at the time when it is prepared[7].

And Mutation does not confer title[8] either. Mere mutation and payment of rents do not confer any title on any person[9].

However, when supported by other evidence, mutation, would be a valuable evidence. Rent paid after mutation will also become a piece of evidence.

Rent receipts though not documents of title, are important items of evidence of possession and may be used as collateral evidence of possession since possession generally follows title[10].

Municipal rent receipts are also evidence of possession which follows title[11].

Thus mutation plays as a vital evidence to proof title of a property. You should complete mutation, once you become owner of any land.

Without mutation, a land cannot be sold

Government amended the Registration Act 1908 and the Transfer of Property Act 1882 in 2004 with effect from July 1, 2005.

Pursuant to the amendment of the both Act –

  • Seller name must be included in the latest Khatian if s/he is the owner of the property by way of other than by inheritance; or
  • the name of the seller or his/her predecessor must be included in the latest Khatian, if he is owner of the property by inheritance.

So, if seller’s name is not mentioned or updated in the latest Khatian, you should not buy that land. Because you may not be able to register the sale deed.

References:

  1. Ain Shobdocosh (আইন শব্দকোষ) by Mohammed Habibur Rahman and Anisuzzaman (2006) P-698 ↑
  2. Handbook for AC (land), by Land Reforms Board (ভূমি সংস্কার বোর্ড) (2015), P- 23. ↑
  3. 38 DLR 270 (273) ↑
  4. 20 DLR 309 ↑
  5. Section 147 and 148 of the State Acquisition and Tenancy Act 1950 ↑
  6. 32 DLR 252 ↑
  7. Dhaka City Corporation vs. Shamsur Rahman 59 DLR 207 ↑
  8. 19 DLR 9 ↑
  9. Shahani Bibi vs. Nur Islam 4 BLC 195 ↑
  10. 2001 BCL 54, 35 DLR 295 ↑
  11. 53 DLR 19 ↑