Kashmir Land Disputes: The Impact of Mutations on Ownership
By Mohammad Amin Mir
Mohammad Yousuf found himself entangled in a bureaucratic nightmare when a seemingly routine clerical entry, known as a mutation, threatened his family’s ownership of their land in Baramulla. Little did he know that a simple administrative process could determine the fate of generations of hard work and heritage.
In Kashmir, land is not just a piece of property; it is identity, history, and a means of survival. Families in the valley anchor their future to the land they own, making the stakes incredibly high. However, the power to decide land ownership often lies in the hands of officials in small Patwar khanas, where seemingly innocuous entries can have far-reaching consequences beyond their desks.
Legally termed as Intiqal, mutation is meant to be a straightforward record-keeping exercise to update property rights following inheritance, sale, mortgage, or gifting. The Land Revenue Act, Samvat 1996, mandates this process, emphasizing that any changes in ownership must be reported to prevent false claims, illegal possession, and fraud.
Despite the clear legal framework, the actual implementation of mutation procedures, as outlined in Standing Order No. 23, often falls short. Patwaris are responsible for reporting changes but cannot validate them, while higher authorities like Tehsildars and Collectors hold the ultimate power in approving mutations. However, shortcuts and unauthorized practices are rampant on the ground.
Various types of mutations such as inheritance, sale, gift, mortgage, and tenancy require specific documentation and verification processes to prevent abuse. Unfortunately, officials frequently overlook these requirements, leading to erroneous entries that can jeopardize legitimate ownership rights.
It is crucial to note that mutations do not automatically confer ownership; they simply update the record of property rights. However, unscrupulous individuals, including land mafias, exploit these entries to make fraudulent claims on land, especially in cases involving migrant properties.
While corrective measures can be taken to rectify illegal mutations, the process is often lengthy and cumbersome, leaving families in limbo and eroding trust in the land administration system. The advent of digital records offers a potential solution to enforcement challenges, but it also poses risks if past errors are not addressed.
For Mohammad Yousuf and many others like him, the fear of losing their ancestral land due to rogue mutations and bureaucratic negligence looms large. Despite following all the rules diligently, the vulnerability to fraudulent practices remains a constant threat, casting a shadow of uncertainty over their property ownership.
- The author is a South Kashmir-based revenue official.
