Mutation khatian in Bangladesh
In Bangladesh, mutation is a significant role in land ownership. When you acquire ownership of land or property, you must execute the mutation. It is a crucial piece of evidence supporting the land’s title.
If your name is not on the most recent Khatian or if you update the record through mutation, you will be unable to sell the land. In other words, if the seller’s name is not changed, you will be unable to purchase land.
If you have a property, you should be aware of mutation khatian.
In general, mutation refers to writing the new owner’s name in the Khatian who has acquired ownership through transfer or inheritance.
In other words, it refers to the legal procedure of documenting the name of a new landowner by changing and updating the Khatian in order to pay land development tax.
Separation of holdings
If a Khatian contains the names of numerous owners, the process of separating the portions of an owner by generating a new Khatian is known as. Joma Kharij is addressed in Section 117 of the State Acquisition and Tenancy Act of 1950 (the “SAT Act”).
The Legal Basis for Mutation
Mutation is addressed in Section 143 of the State Acquisition and Tenancy Act 1950, as well as Rules 8, 9, and 23 of the Tenancy Rules 1954-1955. Aside from those, the government has issued other circulars in this regard.
When it is necessary to mutate
If a person acquires land through any legal means, the applicable Khatian must be updated. A mutation is then necessary.
One of the primary goals of the mutation is to notify the government about the most recent change in ownership and to allow the government to collect land tax from the new owner.
Mutation is usually required for the following reasons:
- If the landowner dies and his or her heirs wish to update the documents.
- If land title is transferred via recorded deed.
- If land ownership is dissolved due to alluvion or under SAT Act sections 90, 91, 92, and 93.
- If a person obtains ownership of land through a civil court order.
- For khas land settlement.
- The mutation process
To modify a piece of land, the owner must submit an application to the AC (Land) in the prescribed form. There are several government fees to consider.
Tahmidur Rahman Remura Wahid is a prominent property law firm in Bangladesh that specializes in assisting clients with various legal aspects of property ownership and transfer. With a team of experienced lawyers and legal experts, the firm offers comprehensive services to clients seeking mutation khatian.
Our lawyers expertise in property laws, local regulations, and bureaucratic procedures makes them a reliable partner for individuals and businesses navigating the mutation process.
Step-by-Step Process of Obtaining Mutation Khatian
a. Documentation:
The process begins with the collection and verification of necessary documents, including land deeds, title documents, tax receipts, and identity proofs. The legal team at Tahmidur Rahman Remura Wahid assists clients in ensuring all required documents are in order.
b. Application Submission:
The completed application, along with the requisite documents, is submitted to the local Union Parishad or Municipal Office where the property is located. The application is accompanied by a prescribed fee.
c. Site Inspection:
Government officials conduct a site inspection to verify the details provided in the application. This step is crucial to ensure the accuracy of the property’s physical attributes and ownership information.
d. Public Notice:
A public notice is issued to allow for any objections or claims regarding the mutation. This provides an opportunity for interested parties to raise concerns, if any.
e. Objection Resolution:
If objections arise, the legal team at Tahmidur Rahman Remura Wahid assists in resolving disputes and ensuring a fair resolution. This may involve legal negotiations and documentation.
f. Mutation Entry:
Upon resolution of objections, if any, the mutation entry is made in the land records, reflecting the change in ownership or property details. The updated khatian is issued to the property owner.
Benefits of Engaging Tahmidur Rahman Remura Wahid for obtaining mutation khatian in Bangladesh
Partnering with Tahmidur Rahman Remura Wahid offers several benefits throughout the mutation khatian process:
a. Legal Expertise: The firm’s legal experts have an in-depth understanding of property laws and regulations in Bangladesh. This expertise ensures a seamless and legally compliant mutation process.
b. Document Preparation: The firm assists clients in compiling and preparing all necessary documents, reducing the chances of errors or omissions that could lead to delays or rejections.
c. Objection Handling: In case of objections or disputes, the legal team employs effective negotiation and legal strategies to ensure a smooth resolution in favor of the client.
d. Time Efficiency: The experienced legal professionals expedite the mutation process, minimizing unnecessary delays and ensuring timely completion.
e. Peace of Mind: Engaging Tahmidur Rahman Remura Wahid offers clients peace of mind, knowing that their property matters are in the hands of capable legal experts.
The candidate must clearly state in the application form
the applicant’s and transferor’s names and addresses; a detailed description of the land and its surrounding boundaries; the size, type, and identification of the land; information related to all prior Khatians; and the date of such registration.
Furthermore, the applicant should include a copy of
Title deed, through deed, copy of Khatian, proof of payment of land development tax, copy of the decree or judgment obtained from the competent court (if applicable), passport size photograph of the applicant, and other supporting documentation should be included with the application.
In the case of inheritance, the procedure is slightly different. It is necessary to have a succession certificate.
A mutation proceeding is not a judicial proceeding that determines title to immovable property. It can only be used as proof at best.
In any mutation case, there is a right to appeal the ruling.
Appeal
If a person is dissatisfied with the outcome of a mutation case, he or she may submit an appeal with the collector, and the appeal may be heard by the Commissioner of the Division.
There are also review and correction options.
Change with the appropriate government agency for leasehold property
If your property is rented from a government agency (for example, RAJUK or the National Housing Authority), you may need to update the record kept by that government organization.
If you acquired the lease straight from the government agency, no modification is required with the agency. If you gained the land by a method other than the lease, you must change your name in the agency’s records.
Land mutation and ownership
I have full mutation, thus I must be the owner of the land, right? This was a frequently asked question.
The answers are not so straightforward.
Let’s start with Khatian because we’re modifying it through mutation.
Khatian is not a title document in and of itself. It is proof of present possession. A Khatian does not create or abolish titles. It is simply a record of physical possession at the time of preparation.
Similarly, mutation does not give title. Simple mutation and rent payment do not confer any title on anyone[9].
Mutation, on the other hand, might be valuable evidence if backed by additional evidence. Rent paid after mutation will also serve as evidence.
Rent receipts, while not title documents, are crucial pieces of proof of possession and can be used as collateral evidence of possession because possession usually accompanies title.
Municipal rent receipts are also proof of occupancy following title.
Thus, mutation serves as critical evidence in proving property title. Once you own any land, you should complete your mutation.
A land cannot be sold without mutation.
With effect from July 1, 2005, the government modified the Registration Act of 1908 and the Transfer of Property Act of 1882 in 2004.
As a result of the amendments to both Acts –
If the seller is not the owner of the property through inheritance, the name of the seller or his/her predecessor must be included in the latest Khatian; otherwise, the name of the seller or his/her predecessor must be included in the latest Khatian.
As a result, if the seller’s name is not stated or updated in the most recent Khatian, you should not purchase that land. Because you may be unable to register the deed of sale.
| FAQ | Answer |
|---|---|
| What is Mutation Khatian? | Mutation Khatian, also known as Namjari, is a legal document that records changes in ownership of a piece of land in the government’s record. It replaces the existing owner’s name with the new owner’s name. |
| Why is Mutation Khatian important? | Mutation Khatian is crucial for legal protection of property. Failure to execute mutation can lead to complications in property ownership, land tax payments, property sales, bank loans, and potential fraud or harassment. |
| How does Mutation Khatian prevent fraud? | Executing Mutation Khatian ensures that the new owner’s name is recorded in the property record, preventing previous owners from making unfair claims to the property. |
| Is Mutation Khatian required for bank loans? | Yes, Mutation Khatian is a mandatory document for applying for a bank loan or mortgage. Without it, obtaining a loan or building a house is not legally possible. |
| How do I execute Mutation Khatian? | To execute Mutation Khatian, you need to collect an application form from the Assistant Commissioner (Land) office, provide details about the property, submit required documents (e.g., deed, khatian, receipts), and either apply online or through a lawyer/representative. |
| What documents are needed for Mutation Khatian? | Required documents include the applicant’s full name and address, registered transfer documents, photocopies of deeds, Bia documents, Parcha or Khatian, payment receipts, distribution deed (if applicable), and photographs. |
| Can I apply for Mutation Khatian myself? | Yes, you can collect the necessary documents and apply for Mutation Khatian on your own by paying the prescribed fee. Alternatively, you can hire a lawyer or representative to assist you. |
| How does TRW law firm help? | Tahmidur Rahman Remura Wahid provides legal services for property-related matters, including Mutation Khatian. They can guide you through the process and address any concerns you have. |
| What happens if I don’t execute Mutation Khatian? | Failure to execute Mutation Khatian can result in difficulties transferring ownership, paying taxes, selling property, or obtaining loans. It may also expose you to potential disputes and fraud. |
| Why should I seek professional assistance? | Seeking legal expertise, such as from TRW Law firm , can ensure that the Mutation Khatian process is executed accurately and efficiently, minimising errors and complications. |
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