Total Pageviews

Thursday, 7 August 2014

Mutation (Form I & XIV)

Mutation (Form  I & XIV)

If you do not pay bribe, the process can take 2 years or more
If you pay bribe it can be done in less than 2 month
If you are a MLA/ Minister it can be done in one month (e.g. Madkaikar)
If your are a Chief Minister or his family member it can be done in 24 hrs or 8hrs precisely (e.g. Abhijat)

View it bigger

July 2013
Mutation -  In 24 hours?

Surely, you got to be a son of a Minister or Chief Minister or
a son of a top bureaucrat or for that matter a son of the top Party leaders.

 Does this amounts to corruption?

Zero Tolerance to Corruption?
It means, all citizens are equal before law but some are more equal than the others?

Damu says it was done not in 24hrs but in 4 days.

But I being into this (Mutation business), knew no mutation process (fastest & straightforward cases) can be completed in less than 21 days including the compulsory 15 days notice period to all parties concerned (Landlords, tenants and other interested parties if any). On an average, I would say mutation cases are disposed of in 18 months. Where as a Citizen Charter display board at Vasco says ‘it takes 45 days after due process..’

One Mr. Agnelo Fernandes the then  Dy. Collector of Pernem got suspended
for ordering Mutation entry or for completing Mutation process in less than 15 days.
Two others were also suspended viz Head Clerk (Sadashiv Redkar) and Talathi (Gulshan Harmalkar)
Parrikar the CM says it can be done in 24hrs (as done in his Son’s case on 31.5.2013)
Parrikar says ‘there was a government order that mutation has to be done within 24 hours’

Well, Mr. Chief Minister  or the Party’s spokesperson Damu for that matter, will you please furnish  the so called ‘order’  into the public domain? Parrikar can even do so in his regular updates on his facebook wall.

Needed to find out from the ‘order’..
1. Who gave / signed the order and when?
2. whether it was notified in the public notification (e.g. official gazette notification)
3. What are the conditions or rules (if any) under which mutation process can be completed within 24 hrs.
4. Whether the order meant for all Goa or a particular Taluka say Sanguem
5. Who or what class of citizens (if any)  are eligible for 24hrs mutation entry e.g. Family members of Ministers, bureaucrats etc

I am also copying to newspapers if then knew about the so called ‘order’ or if they ever brought this up in the form of news item in their esteemed dailies.

If  this was so simple and quick then why people still go to ‘Mahiti Ghar’ for their Mutation work where they are charged  Rs. 5000 or more to get the Mutation done in 3-4 months?
(some organised gangs including lawyers even charged Rs.10,000 process of which (they say)  also takes 3-4 months.

Parrikar also say ‘all legal formalities were followed by my son in getting mutation done within a day’

I wonder what ‘legal formalities’ he refers to?

I too thought my mutation file had all legal formalities or documents yet it took about 2 years to complete and it was completed only after I file RTI asking what taking it so long etc

My file had following docs:
1.Certified Sale deed Copy
2. Special clause in the Sale Deed to say the landlords had no objection to make new mutation entry by deleting their names and inserting the new owner names.
3. A separate 2 page declaration made and signed by landlords (Seller) to say they have no objection to a new mutation entry after deleting their names.
3. Copies of I & XIV etc

Despite all this, they say, as a rule,  Regd/AD notices MUST be sent to all parties (Landlords only in my case, no other parties) and wait for 15 days period from the date of notice.  When handed over  my  new file, I was called after 3-4 days to collect notice (copies of which needed to be posted to all). I went there on 5th day, I was called two days later as they were very busy with some other work.
So, after one week I collected the notice, posted to all and waited for 15 days. When enquired on the 17th day (after sending notices), I was told one of 6 ADs not received. So, I need to make a news paper publications saying some notices sent came undelivered etc and that I wish to published the same... For this, I was told to bring an Affidavit..When presented the same, I was told to come back after 3 days to collect the notice for publication.
After publication, wait for another 15 days... what next?  Needed report for Talathi... then what? .. file pending with CI (Circle Inspector), Where CI never seen on his desk.. So many visits nothing happening.. Fed up..straight went to Mamlatdar office  I asked ‘ Don’t you think taking more than 18 months for Mutations is far too long?’ He replied ‘ It’s not too long, there are cases pending for 2-3 years’

Most recent Requirement (about 18 months ago): Affidavit from the Landlord saying that he/she does not belong to ST/SC Community and a report from local Talathi is also sought in this respect.
Buyers watch out, when you buy from ST modkaikars, tavardkars etc

Some of my cases I referred to above are more than 2-3 years old.
Mutation in Goa is worst nightmare, trust me, I know what I am talking and I am on this issue several times, earlier, even referred to then Law commission Chairmain - Adv. Kalap

Extra reading:

What is mutation?
It refers to form I & XIV (see a copy below)
In other words, it is nothing but adding a new name, usually by deleting old name/s on the existing Form I & XIV.
(Form I & XIV is a document which tells you about the particular land/area (under Survery No & Sub. Div No), whether it is a
cultivable on un-cultivable, total area/size, the Occupant/s (The owner/s), tenant/s, other rights holders (if any) .See a copy below

Who is an occupant?
The legal owner/s whose name appear on sales deed as purchaser etc
e.g Landlords, Church/fabricas, communidade, you or your parents or your grandparents etc
When you buy a piece of land in a developed project having about 100 plots, after the mutation, your name will appear amongst the
100 other occupants in the Form I&XIV
(provided none of them got their individual plot ‘partitioned’ which is the next lengthy process after mutation)

Tenants are those who live there (near or in the same property) and look after the property etc
e.g. mundkars

Other rights holders are those who are not tenants but whose house is located in the said property. E.g. those slums in communidade land or other government property or those houses which were built say over 30 years ago with the permission of the landlord.

When we apply for Mutation?
After purchasing a piece of land.
Get sales deed done, wait for about a week to get your sales deed docs from the registrar.

Why Mutation?
Since you are a new owner now, you have to request for inclusion of your name by deleting the name of the seller (previous owner/s).

How do we apply for Mutations? What’s the procedure?
Write a plain letter requesting for mutation.
1 Attested sales deed copy
1 latest copy of Form I & XIV
1 certified copy of Court order (if any)

Make a file and hand over to the Talati of Mutation at taluka Mamladar’s office.
(note: Talathi you find at your Panchayat is different from the Talthi of Mutation)

But the office, they will tell you to add more docs etc and it depend on persons/clerks, taluka etc as it seems different rules to different talukas.

Lets take Panaji office (Tiswadi Taluka with Goa Velha, Bambolim Siridao, Agxi, Neura, Panjim, Taleigao, Merces etc etc)

There is a little fellow with little hands but very big mouth clerk with no smile on his face in the Computer section of the Mutation dept.
When I went there with the above 2 documents, he told me to put it in a file.
After presenting the file, he then told me to fill in a sort of a check list ‘details for application for mutation’ which is available at the outside kiosk for Rs.10 (it was just a one page photocopy). After that he said bring one blank but stamped envelope with AD (Rs.25) which he say is required for their records. When asked what records? He said (with ugly face) simply do it as said.
I requested if they could accept my file and that I could hand in the envelope tomorrow. He says ‘no way’. Fine, I hired a motorbike and went to the Post office which is at near old Pato bridge. When I presented the file this time, he would still not accept it saying file the docs in the file properly. I could do it myself if I had a hole-punch. I request for it, he says ‘their hole-punch’
is missing since morning. I told just keep it and DIY when found. He would simply not accept it. Then I went to the Mamlatdar office to see if I could get one, asked three different person they don’t have it and the fourth one pointed me out another officer saying that he has it. I politely asked him and he was kind enough to lend me after talking it out from his locked cupboard.
A ha , my file is finally accepted after 3hrs of ordeal.
I was told to come back after 8 days to collect a notice of which I had to make photo copies and post by regd./Ad to all the name occupants in the form I & XIV.

Note: At Vasco/Murmugao, they do not ask for Stamped Envelope, don’t ask for ‘check list’ but they differ on other matter/procedures…

To continue…

Form I &XIV    (Read form 1 &14)
clik on this  link for larger view

Madkaikar's click here

It is usually a one page document but if the no. of occupants/tenants/other rights holders are more then it coul go up to 5 pages or more.

It is available on the spot at the kiosks ‘Mahiti Ghar’. Rs. 20 first page, Rs.5? every additional page
Just give them the Survey No with Sub.div No. and the taluka and the village.

Part II
After finally handing over the file to the Computer Dept (Talathi of Mutation), they will call you back say after one weeks time  to collect the notice (form X)
For X (notice) says… that ..if no objection received either orally or written  within 15 days from the date of receipt of this notice, it shall be presumed that you agree to the mutation entry etc.
The notices to be posted by you to the all parties appears in the form I&XIV –by Regd/AD costing Rs.24 each within India (foreign address costing more). 
When you are there say after a week or so, they would most likely to send you back saying come after another 2-3 days blaming electricity failure, short staff etc.

 They will give you notice (Notice form X).
Where is the list of occupants on the Notice?
The list is too long, you take it from the Form I & XIV says ToM

Wait a minute, what about their addresses, there are about 75 names?
That’s your problem and not mine says the arrogant ToM again.

How and where I should find all the addresses?
‘See, we told you that’s your problem’ says ToM clerk
I said (whispered)  ‘you bast**ds’
You have to make photocopies of the Notice and post to all parties concerned.
At Panjim, they will call you back just before posting to get each and every envelope/notice rubber stamped (with Talathi office address) and if the list is long, they hand over the stamp to you to do it yourself.  You then go the post office at registration counter.
You send all the notices in the name of ‘Talathi of Mutation’ so when signed AD or the letter received undelivered etc it directly goes to the Talathi of Mutaion.
If the husband & wife names appear, can we post them jointly as they live together? Saying
Mr. Joe Boncao
Mrs. Joan Boncao
H.No. 10b, Urtorda  Mollar
Po Majorda, Goa
No, at Vasco they made us to re-send them separately i.e. One letter to Joe Boncao and another to Mrs. Joan Boncao (both living under the same roof though)
OK, Next what now?
Wait for 15 days plus give another 15days and relax, your job is done? .Don’t even think about it, you are not even half way through.
After about one month one has to go there to follow up.. there they will tell some or one notice has come back undelivered/unclaimed/refused/address not known etc.
If ask why we were not told either by letter or phone, they say they don’t do that and we should come there for enquiries. (usually we put our addresses and contact no. on the front of the file)
So what now?
Make an affidavit on Rs.20 stamp paper requesting for alternate service i.e. newspaper advertisement.
 Depending upon the length of the list/names on form I &XIV, a news paper ad will cost you minimum Rs.1500-3000 to Max say up to 6000-12,000. Tip. Always go to Gomantak Times, it’s the cheapest say 1500 minimum the same may cost you elsewhere Rs.3000.  Notice with say up to 20 names will cost you Rs.1500 on GT.

News paper notice says ….notice sent to you came unclaimed/refused/undelivered etc and that after 15 days from the date of publication of this notice, if no objection received it shall be presumed that you agree to mutation entry.

Take a copy (the whole page with date etc) of the Newspaper Ad, mark it (encircle) with Mutation No.  with date and hand over to the office of Talathi of Mutation..
Then what? Wait for 15 days or say 30 days and your job will be done automatically?
I don’t think so.
Say after one month, when you go their for follow up..
They will now say, the file is with CI.

Now who is this bl**dy CI?
CI = Circle Inspecter, he has to approve it first before making the entry.
Where is he sitting?
Some where in the Mamlatdar office.

You go to see him and they say he as gone out for a cup of tea and the time is just after 5pm (so he is not likely to come back now as Govt office timing up to 5.30pm)
So, another vist
Another hafta?

Note: at Vasco, at this stage, they will say..
- Waiting for CI approval, for which You have to see him personally.
- Waiting for village Talathi report (not required at Panjim)
To catch talathi, you have to go to village panchayat where he comes 2/3 time a week only.

Is there any way out?
‘I will see if he does when I see him at this office, by paying Rs.200’ says ToM.
Don’t worry, I will pay that too’ says the applicant.

Total number of (Minimum) Visits to ToM (Talathi of Mutation)
Enquiry (things/docs required for mutation)
Enty /file submitting
Collecting notice form X
Rubber stamping
Enquiry after say 25 days after posting
Filing affidavit
Collecting notice for publication
Presenting/submitting Newspaper
Enquiry say after 25 days from date of publications
Meet CI
Other visits:
Post office for Stamped envelope
Photocoping (notices)
Post Office Registration
Advocate for Affidavit/notary
(Typist, Stamp paper vendors)
News paper
Regd//AD Rs.24  (if 10 Rs.2400 or if 100 then Rs, 2,400) plus cost of envelopes
Photocopies (Rs. 100 for 100)
Affidavit (100)x2
News paper ads (1500-6000)
Minimum 10 visits (travelling-petrol/ bus/ pilot, loss of wages, chaa-pani etc)

Bribe: (optional, but recommended to get your work done quicker and hassle-free, i am not in favour though)
Below may be good for straight forward cases only.
ToM   (Rs.500)
The Clerk (Rs.200)
Talathi village (Rs.200)
CI (may be another Rs.200)
What if you don’t pay them anything?
Silly excuses
Unnecessary Number of Visits
Loss on transport/travelling expenses
Loss of wages/leave, if you take a day off or half day off
Loss of valuable time and energey.
Loss of Patience
If you put together all the above expenditure, you will realize that what you actually spent over the period of time (chasing after your case etc)  is lot expensive  than what you would have paid as ‘unofficial processing fees’ Plus saving of time, patience, energy etc
Yehi hai India
Hem Amchem Goem


Part III
Goa mutations & Form I & XIV (part III)

Well, I have two cases pending one at Panjim and the other at Vasco.

At Vasco
News paper ad / notice was giver mid Oct
Waited for required 15 days plus another 15 days.
Went to see the Talathi of Mutation, he said the file is with the CI (Circle Inspector).
I then went to see the CI, he say it will take some time as he has plenty other files pending before mine.  But it took the talathi/computer dept 10 days to transfer the file to the CI who is in the same building and same floor, a room next to each other.
Gave CI for Chau Panni, he then took my file case no, and added to his priority list with few others.  At this time he said it will be done in 10 days. Waited for 20 more days and seeing that nothing is being done (after checking on the net),  I phoned the talathi, TOM,  (he gave me his no earlier, and you know why).  Guess what?
He says the file is now with his Sir. 

Now, who is this (bloody) Sir?
It’s Mamlatdar.

Well, it means, another trip and another hafta?

At Panjim:
Newspaper ad/Notice put  in late Sept. 2008.
After waiting for required 15 days and adding 15 more days,  went to see the TOI, he said the file is with CI.  Went to see CI (Sagar), he was not there.
And I did not go to see him again.
My case is still pending as on date.
I received no intimation from the CI nor the Mamlatdar.

At Vasco, I paid for Chai-Panni to Village Talathi, TOI and the CI and yet my case is pending (now with Mamlatdar). Payment scale being 200+500+200 respectively

At Panjim, I paid to no one yet.

Both the cases which I am dealing with are straight forward cases.

Welcome to GOA
‘Choramchem  Goem’

Part IV
Goa mutations & Form I & XIV (part IV)

After knowing that my file is now pending with their Sir ‘Mamladtar’ I paid a visit to this Sir.  First visit, he was not there.  So, another trip and this time I catch hold of one Jt. Mamlatdar.(Jt.M) Manekar

- I understand that my file is now pending on your desk for more than one month now..
Jt.M: May be, we are too busy now a days.

 - But my case is pending for nearly one year now..
JT.M: You lucky, there are cases pending here even  for over 2 years

 - That’s not very nice to say – ‘It’s simply not fair to give us hardship in visiting your office only for chasing the cases’
Jt.M: You have to understand our problems.

- So, what you say now? How much more time you think it will take?
Jt.M:  Wait until end of January 2009…and call back in February

- How come your office never contact us over the phone or by mails informing us about the status or the progress of our cases and thus saving our time visiting you unnecessarily
Jt.M:  We don’t have time to do that either.

JoeGoaUk adds:

I think, just because they are Malatdars, they think they can talk any rubbish.
At no stage the Jt.M shown any concern to the problems faced by the citizens.
He say come and try during February 2009 and I am sure he will then say ‘we are busy with the forthcoming parliamentary elections  (April/May) and the process of which could take  till July 2009.
Don’t understand why it take him such a long time. The main hurdles in the case already passed through like Village Talathi Report, Issuing postal notices to all parties concerned, then news paper advertisement/notices, Circle Inspector report etc etc. Plus the money paid as bribe about 1000 in total to Talathi, TOM & CI.

I am sure, if I had paid to the Jt.M (say another 1000) he would have taken my case up finding some time in his so called busy schedule.

Welcome to Goa Raj

'Choramchem Raj'.

Part V
This was a straight forward case. Father-mother give a  small piece of land to their son by means of Gift deed.  Only two parties son and the parents and I thought there was no need to send notices to parents as this was come to son from parents as gift deed.  They said notices are required to be sent as per rule.

New mutation File case prepared and went to handover Panaji Mutation office on Friday.
I was told, today is not the day for my village to accept files, come back on Tuesday  or Thursday.

Came back on Tuesday, I was told to see Jt. Mamlatdar with the file who kept the file with him and called back after 3 days (Don’t know why he takes 3 days)

Came back after 3 days to see the Mamlatdar, collected the file and I was directed to make entry (Computer section).  There  I was told to pay the mutation fees Rs400 (I think recently gone up to 1,000 for upto 1,000 sq mt area, 1001-10,000 = 2,500 and above 10,000 is Rs.5000). About 5 years ago there were no fees  or just a Court fee stamp of Rs.5.

After payment of fees and file entry, I ask when to come next for notices, the arrogant computer clerk said ‘come after 21 days’.  I ask, why 21 days where it was normally  done in 2-3 days?

He got angry ‘Do what you want to do.. I don’t care’

Straight went to  Jt. Mamlatdar office but he was out, then I went to Mamlatdar office (Head) and asked him why the clerk calling me after 21 days just to collect a notice?

At least he was not rude, very politely asked me to come back and see him (Mamladar) after 7 days for notice.

After 7 days notice collected from Mamlatdar  (I know he personally got it done as he told me to wait for sometime on the day).

Notice sent next day  by Regd/AD to Mr & Mrs separately (Parents)

21 days later, I went there for enquiry but the arrogant clerk sent me back for I had fee receipt and not Notice copy. He could easily find out  details by referring to fee receipt or their  register  though.

Next day, I went again this time I was told AD still not received and called me back after another 7 days.

I said please check again, it was sent 21 days ago and they received it next day.. Another clerk opened his drawer and said ‘here it is , receive only today’
I asked, what next now?
They said the file will now be submitted to Mamlatdar office

7 days later, when I checked Mutation status online..
Aha, all done 5 days ago.
Completed in 40 days (30 days from the date of file entry with fees)
Paid no bribe or cha-panni money

 Note: I also filed a general but Mutation related RTI application earlier.

How to get your Mutation done quicker?

The procedure / summary
After submitting file, they may ask you come back after 7 days to collect Notices (form X, under Rule 10 of LRC 1968), you then send it to all interested parties by Registered AD Post and wait for about 20 days, if  all ADs not received or some received undelivered/unclaimed/refused etc then you will have to request for substitute service (under Order V rule 20 (LA)  of CPC) by submitting an affidavit after which they may ask you come back  in 7 days to collect the notice for newspaper  publication and then wait for another 15 days, minimum 45 days lost for this process then the next process starts (Red Tapism, delays, soliciting bribe etc)  which can take months or years  (read complete blog above for more details)
There are agents including some lawyers having nexus with Govt Babus, 2 years ago, the going rate for mutation work was Rs.10,000 (lawyer's quote) with  approx. time frame given 4 months but it takes longer..

Here are some cost and time saving tips:

Please note these are not entirely my own but within the Rules of Goa Land Revenue Code 2009

In many cases, it may be possible to get your Mutation done as quickly as possible say in two weeks or even one week’s time (but not in a day as in Parrikar's son).

Again, when you purchase land  from landlord or from any other  party it can be lot easier or quicker than purchasing from Real Estate developers or builders from a block of subdivided plots.

Buying from Landlord / Individual party:
Check  Form I & XIV (form 1 and 14)  for names in Occupant column, Names in the Tenant column (if any) and Names of Other Rights column  if any

Get all the interested parties (as above) to swear an affidavit giving no objection for carrying out mutation 
Get all parties appear before Mamlatdar giving no objection to the mutation entry.

Buying from Real Estate developers or from resellers of such plots 
Parties in this case (in form 1 and 14) can be many, even upto 200 (purchasers of  developed & subdivided plots)

There is no way you can get affidavit from them all nor it is possible to bring them before Mamlatdar

You will have to send them all postal notices e.g. Rs.25x200 and then newspaper etc
However,  GDDLRC 1968 (Mutation) as amended in 2009,  rule 4 (2) says  
‘In case of Mutation in respect of sub divided approved plots, the definition of 'interested parties'  would mean only the vendor/s and the occupants of adjoining plots only and notices shall be issued to the vendors and owners of adjoining plots only'.

(Could this ‘adjoining plots’ mean  only plots surrounding your plot east, west, north, south, say 3-4 plots only?)

Straight forward cases if still taking longer time,
 go to Mamlatdar directly (not Jt Mamlatdar) and ask..
Why it taking so long?
How come Parrikar son's was done in a day?
Do you want me to file an RTI ?
Believe me, it works.
Good Luck!

From archive:
[GOAN-NRI] Dy. Collector, Talathi, Head Clerk suspended

Dy. Collector, Talathi,  Head Clerk  suspended.  
The then Dy. Collection of Pernem Mr. Agnelo Fernandes placed under suspension for his alleged involvement  in the sale of Govt. land at Ashvem/Mandrem to a Panjim based  Party (Anton D’Souza and his 16 successors).   Earlier, the Talathi and the Heard Clerk were also suspended in this connection. The suspended officers are Senior Head Clerk Sadashiv Redkar and Talathi Gulshan Harmalkar   It was found that that nearly 84,387 sq mtrs of government land along with the land of a private party, both admeasuring about 2.25 lakh sq mtrs, were illegally entered in the name of one Anton D’Souza and his 16 successors. The value of the land is over Rs.5000/   On 25th june 2009, Dy. Collector gave his order to include names of all the legal heirs of  Mr. Antonio and the whole mutaltion process was completed in less than 15 days by the Talathi and the head clerk     Source: Goan Dailies dtd 1st  and 8 July 2009
Parrikar angry reaction in the Assembly House
Latest... May /June/July 2017
NEW reforms soon
Mutation process to starts from the day of sale deed from Sub-registrar.
which means, there is no need to file or visit for Mutation at Mamlatdar offices.
Whole Mutation process to be completed in 90 days (time bound) with or without objections.
Revenue Minister Rohan Khaunte said in the Assembly house in July 2017. The minister on 27.7.17, 
also claimed about 7000 MUTATION cases cleared in 90 days.
Also, on one single day i.e. Saturday  about 300 cases cleared of both North/South Goa.
There are about 53 manlatdar in the State of Goa that's about 4.5 per Taluka. Salcette has 7.
There are plans to get PARTITION process done  in 90 days too.