Mutation is a process by which the title to hold the occupancy rights in respect of any property / land situated in the Cantonment is transferred in the General Land Register. The competent authority to mutate the record of general land register in respect of notified civil area is cantonment board and in respect of rest of the area of the Cantonment is D.E.O., Siliguri.
The records mentioned in the GLR are authentic legal documents admissible in a court of law to prove the title of occupancy rights in respect of any property situated within the cantonment. Therefore it is imperative that anyone acquiring property through whatever means like sale-deed, gift, inheritance etc. should get the property mutated in his/her name in the GLR within the period as stipulated in section 73 of Cantonment Act 1924. In absence of the same, Govt. of India retains the rights to resume the property as per rules. Further the type of tenure on which a piece of land is held is only recorded in the GLR of the Cantt. Therefore before undertaking any transaction in respect of immovable property situated within the cantt the existing entries must be checked from the GLR of the Cantt Board or D.E.O., Siliguri.
Steps & Procedure::
- Before applying for mutation, every applicant should check the status of property in question from the GLR records of the Cantonment Board or D.E.O., Siliguri. In fact the particulars like in whose name building or site is recorded in the GLR should be ascertained before acquiring the property and these details should be insisted upon from the transferor of the property before transfer. If the name of the transferor is not recorded in the GLR then the transferee must insist on the chain through which transferor acquired the property from the recorded HOR of GLR. The transferee should also insist on all relevant legal documents supporting this chain of transfer like sale deed, gift deed, will, inheritance etc. Thereafter the applicant should apply on prescribed proforma to the Cantonment Board/D.E.O., Siliguri for mutating the property in his/her name.
- Attested copies of all instruments/documents related to the transfer must be submitted alongwith mutation application form.
- In case of transfer due to inheritance complete records of names, relationship of all legal heirs as per hindu succession act, disclaimers from the other heirs relinquishing their share in favour of the applicant should be submitted alongwith the mutation form. Else a letter of probate/letter of administration from competent court should be submitted with mutation application form.
- The original copies of all documents/instruments must be produced for examination in Cantonment Board office when directed.
- admission deed, duly registered on prescribed proforma acknowledging the Govt.’s rights on the land on requisite value of stamp paper must be submitted alongwith mutation application form.
- A fee of Rs. 500/- is to be deposited alongwith the mutation application form.
- In case of properties where unauthorized construction, encroachment, sub division of site, change of purpose or any other breach of the conditions of the tenure on which property is held, is involved, mutation shall be done in accordance with the policy and guide lines issued by Ministry of Defence, Govt. of India.