New Delhi(PTI): Mutation entry does not confer any property right, title or interest in favour of an individual and is only for the fiscal purpose, the Supreme Court has said.
Mutation of a property is the transfer or change of title entry in revenue records of the local municipal corporation.
A bench comprising Justices M R Shah and Aniruddha Bose said it cannot be disputed that the right on the basis of the will can be claimed only after the death of the executant of the will.
As per the settled proposition of law, mutation entry does not confer any right, title or interest in favour of the person and the mutation entry in the revenue record is only for the fiscal purpose, the bench said.
The apex court said that if there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of the will, the party who is claiming title/right has to approach the appropriate court.
It said that the applicant's rights can only be crystallised by approaching the court and only thereafter on the basis of the decision before the civil court necessary mutation entry can be made.
Referring to its earlier decisions, the top court said that mutation of property in revenue records neither creates nor extinguishes title to the property nor has it any presumptive value on title.
Such entries are relevant only for the purpose of collecting land revenue, it said.
Entries in the revenue records or jamabandi have only fiscal purpose, i.e., payment of land revenue, and no ownership is conferred on the basis of such entries.
It is further observed that so far as the title of the property is concerned, it can only be decided by a competent civil court, the bench said.
The order came while upholding an order of Madhya Pradesh High Court which set aside the order passed by the Additional Commissioner, Rewa Division, Rewa, directing to mutate the name of a person in the revenue records, which was sought to be mutated on the basis of the will.
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New Delhi(PTI): Trinamool Congress MP Saket Gokhale on Monday said 1.26 crore voters have been "deleted" from Bihar's electoral rolls following the Special Intensive Revision (SIR) exercise and challenged the government to a debate on the issue in Parliament.
Sharing the Election Commission's SIR data in a post on X, Gokhale said the poll panel "conveniently" did not share any information regarding its claim of having found foreign nationals in Bihar.
As the month-long first phase of the SIR has concluded, the EC on Sunday said that enumeration forms from 7.24 crore or 91.69 per cent of voters of the state have been received.
It also said 36 lakh people were found to have either permanently shifted from their previous addresses or were not found. It pointed out that seven lakh Bihar voters were found to have enrolled themselves at multiple places.
"ECI has deleted 1.26 crore voters in Bihar from the 2024 Lok Sabha voter list overnight," Gokhale, the TMC Rajya Sabha MP, said on X.
Calling the details revealed by the EC "bizarre", Gokhale pointed out that of a total of 7.90 crore voters, forms have been collected from only 91.69 per cent -- 7.24 crore voters.
"This means that forms were not collected from 65 lakh voters, and they will be deleted. About 22 lakh voters (2.83 per cent) have been deleted because they're claimed to be deceased, about 36 lakh voters (4.59 per cent) have been deleted because they're claimed to be untraceable, and about 7 lakh voters (0.89 per cent) claimed to be found as duplicate entries so half i.e. 3.5 lakh entries deleted," he said.
"ECI has conveniently not disclosed how many voters were found to be non-citizens of India. This is important because ECI had claimed that the SIR was being done to 'remove illegal immigrants'," Gokhale said.
EC sources had earlier said their field-level functionaries found "a large number of people" from Nepal, Bangladesh and Myanmar during house-to-house visits made for the ongoing intensive review of the voters' list in Bihar.
Gokhale further said the names "deleted" were on the voters' list in the last Lok Sabha polls.
"A total of 1.26 crore voters in Bihar, whose names were on the Lok Sabha 2024 voter list just one year ago, have been deleted from the new voter list," he said.
"To give you a comparable idea, the number of deleted voters in Bihar during the current SIR is equal to the entire combined population of Uttarakhand plus Himachal Pradesh or the entire combined population of all 6 states of the North-East (excluding Assam)," he said.
He said EC needed to answer some questions "urgently".
"The voter list was revised by ECI before the 2024 Lok Sabha elections. How on earth did 1.26 crore voters become ineligible in just one year?" he said.
"How many voters has the ECI been unable to reach for collecting their forms? Under the rules of SIR, those whose forms were not collected will be deleted. Therefore, what is the total number of voters whose names have been deleted only because their forms were not collected?" he questioned.
He said the EC has not collected documents along with the forms from all 7.24 crore voters.
"Does this mean that more voters will be deleted if their documents have not been collected with their forms?"
He reiterated West Bengal Chief Minister Mamata Banerjee's statement that the SIR exercise "is NRC by the back door".
"ECI had claimed 'removing foreigners from the voter list' as one of the reasons for conducting this SIR. Why has the ECI not disclosed how many actual 'foreigners' were found and deleted from the voter list during this SIR?" he said.
"It makes zero sense that 12 million people in Bihar have become 'ineligible' voters in just one year between the 2024 Lok Sabha elections till date... When 12 million people in a single state lose the right to vote overnight, it is a serious issue," he said.
He added that the opposition MPs have been pressing for a debate on the issue.
"Why is the Modi Govt so scared to have an open discussion on this in Parliament?" he added.
Meanwhile, the EC has asserted that no names will be deleted from draft rolls without following due process.
VERY IMPORTANT AND SHOCKING
— Saket Gokhale MP (@SaketGokhale) July 28, 2025
ECI has deleted 1.26 CRORE voters in Bihar from the 2024 Lok Sabha voter list OVERNIGHT
Last night, the ECI published details of ongoing "special intensive revision" of the electoral roll being conducted in Bihar. The deadline for collection of forms… pic.twitter.com/E7x2egYfCw