How to do Mutation of Land??
Mutation means insertion of the name of the new owner in the Khatiyan
(Record of Rights) instead of the former owner after transferring the
ownership of a land. Mutation is indispensable to establish the
proprietary rights over the property. Moreover, it is essential to
create new holding for the purpose of payment of rent in own name which
will avert further complicacy in terms of possession and enjoyment of
that land.
Ownership may be transferred through kabala/sell,
gift, exchange, will, waqf, inheritance or by the Govt. through
settlement of khas land to the landless. However, one cannot claim
ownership of a piece of land officially without presenting the document
of mutation. Additionally, without mutating the name of the new owner
there is high possibility to transfer the property again by the former
owner. Because he/she is the documentary owner of that land until the
necessary changes took place in the Khatiyan. In addition, mutation is
essential to transfer, register or payment of tax. Hence it is the duty
of the new owner to mutate his/her name in the record of rights properly
and cautiously.
Concerned authority to mutate land
Assistant Commissioner (AC) (Land) is the authority where an owner of a
land can apply to mutate his/her name in the official record. However,
there is an assistant mutation officer in the AC (Land) office who will
deal the matter primarily and an officer equivalent to Najir will take
the relevant fees for mutation. Nevertheless, an inquiry will be
conducted by the Tahshilder (assistant settlement officer) to confirm
the real ownership of the property before such mutation.
How to apply
To mutate a piece of land, the owner or his/her duly nominated
representative has to apply to the AC (Land) in prescribed form
collected from the AC (Land) office or on white paper along with court
fees worth Tk 100 and mutation fee Tk 25 (after getting approval)
accompanied by other required documents.
Additional Tk 1.50 will be required to create and transfer first three divisions from the existing undivided plot/dag. Further Tk .50 will be needed to make every subsequent division. However, the concerned officer will serve notice to the parties and the applicant is obliged to pay the process fee of Tk 1.50 for each. There is no other requirement to pay any further money for mutation.
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, registered deed number and date of such
registration.
Moreover, the applicant ought to affix copy of main deed, via deed, copy of Khatiyan, receipt of payment of land development tax, proof of means to acquire the ownership i.e partition deed, copy of the decree or judgment obtained from competent court (if any), passport size photograph of the applicant etc. with the application.
It is noteworthy to state that no middleman or extra money is necessary
to do mutation of land. Applicant himself/herself can do it by paying
only prescribed fees to the Govt. exchequer. However, now 60 days is
fixed to finish the whole process of mutation in metropolitan area and
45 days for any other region.
Relief against refusal
If
the AC (Land) refuses to mutate the name of the applicant for default of
document or for any other reason whatsoever, the aggrieved applicant
can apply to the Additional Deputy Commissioner (Revenue) within 30 days
from the date of such refusal. However, anyone can apply further to the
Additional Divisional Commissioner (Revenue) within next 30 days
against the impugned decision of the Additional Deputy Commissioner.
Finally the complainant has another forum to appeal to Land Appeal Board
within 90 days against an impugned order given by its immediate
inferior authority.
Nevertheless, apart from appeal there is
alternative option of revision against the alleged decision and any
authorise superior officer can alter such order promulgated by the
subordinate official after call for the pertinent records. In addition,
one can apply for review to the same decision making officer to
reconsider his/her decision within 30 days from the date of first
decision. However, it should bear in mind that in that circumstance the
petitioner will drop his/her right to file appeal.
