Mutation Entries (Ferfar) in Maharashtra

Any person acquiring a right to the land by succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease etc. is expected to report to the Talathi orally or in writing the acquisition of such a right within three months from the date of such an acquisition. 

The Talathi is expected to make a mutation entry in the prescribed register of mutation, on the basis of a report received by him. Mutation entries are recorded in chronological order and each change is given a separate number.

Thus, before any change in 7/12 is effected, mutation entry takes place in the record of rights. A register is basically a diary of mutation taken serially as per the transactions. This village form is very important and crucial for agriculturists.

1. Serial number of entry :  In this column the serial number of the mutation is mentioned.
2. Nature of Right acquired : In this column the nature of right acquired by a particular person is mentioned. Date of mutation, date of intimation received by the talathi, nature of right created, concerned persons, transaction date, sale amount etc. are mentioned in this column.
3. Survey and Sub division numbers affected : A list of Gat /survey number related to the transaction mentioned in column 2 are stated in column. 
4. Initials as remarks by Certifying Officer: In this column the certifying officers passes appropriate orders regarding certification or cancellation of mutation.

Legal Basis of Mutation 

Any person acquiring rights by the succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise, any right as holder, occupant, owner, mortgagee, landlord, Government lessee or tenant of the land is expected to report orally or in writing, his acquisition of right to the village Talathi within 3 months. This application is called "Vardi" i.e oral intimation, on receipt of such an intimation the Talathi must give a written acknowledgement. If a person acquiring the right is a minor then his guardian or the person in charge of this property should give intimation. 

If a person claims to have acquired a right with the permission of the Collector, where, such permission is required under the permission to the Talathi.

As per section 17 of Indian Registration Act, 1908, the transaction of the lands having value of more than Rs. 100/- must be compulsory registered. Therefore agriculturists must get all land related transactions registered. As per Section 154 of the Maharashtra Land Revenue Code(MLRC), the Sub- Registrar is expected to send a list of registered documents to the Tahasildar for making mutation entries. Through this is the provision in MLRC, now a days a copy of the registered document is given after registration and therefore purchasers must give an application to the Talathi, intimating acquisition of right.

An entry in the record of the rights and a certified entry in the register of mutation are presumed to be true until the contrary is proved or a new entry is lawfully substituted. An entry in the register of mutation is transferred to the record of rights, immediately, after such an entry has been duly certified.

Who Certifies Mutation ?

People think that the village Talathi is responsible for mutation entries. But mutation are only written by the village Talathi but certified by the Circle Officer. The right to certify or reject a mutation is certified it cannot be altered, modified or cancelled by the Talathi for correction of an already certified mutation but in such cases they must appeal against the certified mutation entry before Sub Divisional Officer. 

Record of Rights

The record of rights comprises revenue entries pertaining to rights of the occupants of the land. A record of rights of the occupants of the land. A record of rights is maintained for every village. It includes the following particulars:

a) Then names of all persons (other than tenants) who are holders, occupants, owners or mortgagees of the land or assignees of the rent or revenues thereof. 

b) The names of all persons who are holding as Government lessees or tenants including tenants within the meaning of relevant tenancy law.

c) The nature and extent of the respective interests of such persons and the conditions or liabilities, if any, attached thereto.

d) The rent or revenue, if any, payable by or to any of such persons.

e) Such other particulars as the State Government may have prescribed by rules made in this behalf.

Register of disputed cases

When any objection to any entry made in the register of mutation is made either orally or in writing to the Talathi, it is his duty to enter the particulars of the objections in a register of disputed cases.