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Gujarat Land Mutation

Last updated : December 17th, 2019 06:03 pm

Gujarat Land Mutation

Gujarat land mutation refers to the registration of the name of the property owner in the Record of Right (7/12 or 8A), i.e. the process of transferring the title ownership of property or land from one person to another. The Bombay Land Revenue Code, 1879 governs the process of land mutation in Gujarat. Land mutation is a vital process in all legal transactions involving a property. Through mutating a land in Gujarat, the owner will acquire the rights of the land, and the property details will be revised in the revenue record (7/12 and 8A) as well as in the Gujarat mutation register.  In this article, we will look at Gujarat land mutation in detail.

Know more about Gujarat Land Valuation Certificate

Bombay Land Revenue Code, 1879

As mentioned above, Bombay Land Revenue Code, 1879 moderate the process of Gujarat land mutation. When a change of ownership or transaction takes place, the Khatedar files a request for initiating the mandatory process known as mutation for effecting necessary changes in the revenue records. The mutation process involves obtaining a consensus from all concerned parties of the transaction and inviting objections from those interested. Once all the objections are cleared, mutation orders are passed effecting the change of ownership and new records of rights issued to new owner.

Importance of Gujarat Land Mutation

Gujarat land mutation is one of the vital processes in all legal transactions involving a land. As examined above, by mutating a property the new owner gets the revenue records on his name. Once the property is mutated, mutation details will be revised in the mutation register further to Gujarat revenue records (7/12 & 8A) maintained by the State Government. Mutation document or report will be issued to the applicant.

• Gujarat land mutation report is one of the important documents to fix the property tax payment liabilities
• Mutation document/ report is an essential proof for ownership of a particular land or property
• For selling a property, the landowner should have to furnish mutation document/report to the buyer for verification

Note: If the land is jointly owned, then the mutation document report will be provided with all names of the co-owners.

Type of Gujarat Land Mutation

There are 35 identified mutation types. Many of these differ from each other marginally. Court decree and order of a competent authority are the mutation types that do not require notice generation for hearing of objections.

S.No	Mutation Type	S.No	Mutation Type
1	Sale	19	Vasiya
2	Gift	20	Vechani
3	Inheritance	21	Land allotmen
4	Co-partner admission of right	22	Hakk Kami
5	Admission of tenant	23	Ganot Mukti
6	Admission of Boja	24	Boja Mukti
7	Giro dakhal	25	Giro Mukti
8	Identification of fragment	26	Tukdaa Kami
9	Non-agricullture	27	Sharat Badli (Tenure)
10	Survey Sudhar	28	Jodan
11	Ekatrikaran	29	Land acquisition
12	Orders	30	Notification under Sec. 4
13	Identified under LA Setion 6	31	KJP
14	Survey Adal Badal	32	Kabjedar Namfe
15	Sagir Pukht	33	Hyati Ma Hakk Dakhal
16	Hyati Ma Vechani	34	Land Khalsa
17	Lease Patto	35	Bija Hakk dakhal
18	Bija Hakk Kami

Person Responsible for Reporting Mutation

Any person acquiring property by purchase, succession, inheritance, partition, exchange, survivorship, and gift have to report his acquisition of such right to the prescribed authority within the prescribed time from the date of such acquisition.

Note: If a person acquiring such right is a minor, his guardian or other person having charge of the property have to report such acquisition.

Applicable Fee

Khatedar need to pay an amount of Rs.50 to the prescribed authority to complete the Gujarat land mutation.

Time Frame to Report Mutation

The person acquiring the land has to report prescribed authority within three months from the date of such acquisition.

Documents Required for Gujarat Land Mutation

Documents mentioned below are needed to be provided for completing Gujarat land mutation process.

S.No	Mutation Type	Document
1	Varsai	OC of Death Certificate Computerized 7/12 and 8A
2	Hayati ma Hak Dakhal (Right entry during life)	If Bojha exist-  Certificate of Bojha Mukti
3	Vechan / Survey Adal Badal	Registered Copy of the Sale deed Proof that buyer is a Khaddar (for purchase of agricultural land) If sale by affidavit Certificate of Bojha Mukti  If land sale of minor – Certificate from certifying authority. Computerized copy of 7/12 and 8A.
4	Will	Certified copy of Will  In case of agricultural land  – Proof from person of being Khatedar benefiting from the will Copy of Probate if required
5	Gift	Certified copy of Registered document In case of agricultural land – Proof of being Khatedar
6	Co-partner Right Entry	Registered  Document copy to enter co-partner Person entering as co-partner to produce proof of being a Khatedar
7	Bojha / Giro Dakhal	Copy of deed from bank and co-operative society
8	Vechani (Distribution)	Affidavit of all interested persons or parties If Bojha exist –  Bojha Mukti certificate Computerized copy of 7/12 and 8A
9	Minor to Major	Age proof (School leaving Certificate or birth certificate)

Prescribed Authority

Revenue department Government of Gujarat is governing the process of land mutation. The Dy Mamlatdar will be competent to order, in respect of the land situated within his territorial jurisdiction, Gujarat land mutation.

Gujarat Land Mutation Application Procedure

Applicant can apply for Gujarat land mutation to Talati at village or at e-Dhara Center. In both cases, mutation request is accepted and acknowledged through Bhulekh Software.

Complete Property Registration

Step 1: Complete the Gujarat property registration process and get the registered deed from prescribed officer.

Know more about Gujarat Property Registration Procedure

Provide Details in Application

Step 2: The applicant, that is the person reporting will have to fill up an application form in a prescribed format. As per mutation types, applications format are prescribed. Gujarat Mutation Application forms are kept at Mamlatdar office, TDO Office, banks and in villages at Panchayat and Sarpanch’s office.

We have here with attached an application for Gujarat land mutation process.

varsai_hayatima_dakhal_namuno

Note: The following details will have to be entered in the application. The applicant will also submit the sufficient number of spare copies of the report for intimation to the persons interested.

• Name and Address of seller
• District
• Taluk and Village
• Survey number of the land (Both old & new to be mentioned)
• Name of buyer
• Other details related to property registration

Any person who applies for mutation of name in the record of rights will also state in the report that the lands already held by him or any numbers of his family as the landowner or tenant or mortgagee with possession.

Access Village Office

Step 3: Submit the application form along with all required documents to the Talati at village office.

Step 4: On submission of mutation application, the Talati verifies the application and takes up the mutation process or else informs applicant for compliance accordingly.

Note: The Talati will choose appropriate mutation type and make an entry in the mutation register.

Issuance of Notice—135D

Step 5: Upon verification, the Talati will prepare a notice, this notice will be provided to concerned khatedars, relevant parties such as buyers, sellers, direct beneficiaries, banks and any other interested parties.

Step 6: A copy of the notice will be displayed at the gram chavadi for public scrutiny. Objections to the mutation raised within 30 days of the notice received will be accepted or else the mutation will processed further.

Proceedings if no Objections are received

Step 7:If objection is not raised during the notice period, the competent authority will approve the mutation application. The Talati will make the necessary changes to the 7/12 and 8A form.

Proceedings in Case an Objection is Raised

Step 8: If any objections are raised during the notice period, the Talati will make an entry in the dispute register.

After hearing from the concerned parties, the Mamlatdar settles the dispute. The mutation will be processed according to the dispute settlement. Aggrieved parties may approach the sub-divisional officer (SDO), as a provision of appeal. According to the resolution, necessary changes will be made in 7/12 and 8A by the Talati.

Passing Mutation Order

Step 9: If no objections are raised during the notice period, i.e., the concerned/interested parties have agreed to the mutation conditions, and then the competent authority approves the mutation.

Updating o Land Records

Step 10: The Talati will make all necessary changes to the 7/12 and 8A or makes a new ROR as per approved mutation

Step 11: The updated or newly created ROR contains this mutation entry number from the VF6 register. There is no system of verification and counter-signing of updating in 7/12 with the same sense as the order passed on VF6. In some cases, this leads to land-related disputes.

Issue of ROR

The Talati issues new 7/12, a copy of 8A, the khata and form six entries to the applicant on demand.

Applying Gujarat Land Mutation through e-Dhara Centre

The application procedure to complete Gujarat Land Mutation through e-Dhara centre is explained in detail below:

Step 1: The applicant need to submit an application form in a Prescribed format to the -Dhara centre operator.

To download mutation application visit the home page of Revenue department of Gujarat. From the home page, click on E-Dhara Forms.

In a new page, the list of E-Dhara application form will be displayed. By clicking on download option, you can get the printed copy of application form.

Step 2: On receipt of application, postal addresses, telephone numbers of khatedars, the necessary attached supporting documents, consistency of application detail with computer data, will be scrutinized.

Get Acknowledgement Receipt

Step 3: The operator enters the basic details into the computer from the application and generates two copies of acknowledgement receipt. The applicant gets one copy of the receipt.

Verification by Mamlatdar

Step 4: The e-Dhara deputy mamlatdar will verify the application details, supporting documents and basic details entered and authenticate it biometrically.  The system generates a unique mutation entry number and mutation note.

Step 5: The e-Dhara deputy Mamlatdar verifies and does biometric authentication. The operator will generate notices from the system and keeps it with the mutation case file.

Verification by Talati

Step 6: The Talati will collect mutation files from the e-Dhara centre. He/she follows up the mutation process, i.e., serving notices and taking acknowledgements from party and waiting for 30 days.

Step 7: The mutation file after competent authority’s approval will be submitted to the e-Dhara centre for further processing.

Step 8: When the process is completed, the mutation file becomes a permanent record residing in the e-Dhara record room.

Issue of ROR

The Talati issues new 7/12, a copy of 8A, the khata and form six entries to the applicant on demand.