Registration and Mutation of Land under Assam Land Revenue Regulation, 1886

INTRODUCTION


This provision under the Assam Land Revenue Regulation, 1886 provides for the maintenance of general registers, and registration of the names of the proprietors and land-holders succeeding to an estate by transfer or inheritance.


Registration under Assam Land Revenue Regulation, 1886

Meaning and Components of Registration


The term REGISTRATION under the Assam Land Revenue Regulation, 1886 means recording in the appropriate register, the name of a landholder or proprietor, who has succeeded, by transfer or inheritance, to the estate of a landholder or proprietor. Registration is also often referred to as MUTATION.


The basic records of rights are kept in the form of 3 registers-

  • General Register of Revenue Paying Estates

  • General Register of Revenue Free Estates

  • Other Registers specified by the State Government under Section 48 of the Regulation

1. Preparation and Maintenance of Registers under Section 48:


The Deputy Commissioner of every district has to maintain general registers of both revenue-paying and revenue-free estates. The General register of revenue-paying estates consist of three parts (Rule 108):


Part I- For permanently-settled estates;


Part II- For temporarily settled estates other than wasteland grants. This is kept in the periodic Jamabandi from the unit of the district has been re-settled, when a fresh Jamabandi register is prepared by the settlement officer.


Part III- for wasteland granted other than fee-simple and redeemed leases.


2. Persons who are required to apply for registration under Section 50:


Section 50 contemplates four classes of persons who are required to apply for registration of their names. They are:


(1) A person succeeding to an estate, or a share therein as proprietor or land-holder by transfer or inheritance, and obtaining possession of the land,


(2) A joint proprietor or joint land-holder assuming charge of the estate, or a share thereof on behalf of the other proprietors or land-holders,


(3) A manager taking charge of the estate of the proprietor or land-holder, and


(4) A mortgagee in possession of the estate, or any share therein.


A person coming under the above categories is required to apply to the Deputy Commissioner of the district for registration of his name in the general register such as the proprietor, land-holder, manager, mortgagee, stating the nature and extent of his interest.


Such application is to be made within six months of his obtaining possession, or assumption of charge of the estate. A person succeeding to an estate is entitled to registration of his name only when he takes possession of the same.


For registration, acquisition of title to the estate alone is not sufficient, but in addition, the applicant must obtain possession which is an essential condition for the granting of registration (i.e., mutation) of the name. Thus mutation can be granted only based on possession subject to there being a prima facie title.



3. Procedure for registration under Sections 52-54:

Registration under Assam Land Revenue Regulation, 1886

Section 52 and 53 deals with the procedure to be followed by the Deputy Commissioner in passing an order directing registration when an application is made before him.


Section 53A provides the procedure when the Deputy Commissioner acts on the information received otherwise than through an application.


When an application of registration is made the Deputy Commissioner, on entertaining such an application, causes a general notice to be published called for written objections for persons who may object to the registration of the name of the applicant, or dispute the nature or extent of the interest claimed in the application.


The date for submitting objections is so fixed that it is not less than one month from the date of the notice. In the case where the applicant acquired the estate or share thereof by transfer from a person, a copy of the notice is to be served on the transferor, or if he is dead, on his heirs.

On the date fixed in the notice, or on the date to which the case may be postponed, the Deputy Commissioner considers the objections that may be submitted, and after further enquiry, if any.


If it appears to him that succession accompanied by possession has taken place, or that charge of the estate has been assumed or possession was taken, the Deputy Commissioner passes the order directing registration of the applicant's name to the extent of his interest.


For obtaining registration it is necessary to show that the applicant has prima facie title and that he obtained possession of the estate.

The Deputy Commissioner is also empowered to grant registration even though he may not have received any such application.

The Deputy Commissioner can proceed to effect registration if he has received other information about the succession and possession or assumption of charge of an estate.