Registry Vs Mutation- Which is best?

Updated in February 2023

 

Registry Vs Mutation-  Which is best?

What is different difference between Registry and Mutation and which option is better for transfer of a property, has been explained in this article.  Besides, Samples of Registry and Mutation have also been shown here. 

Registry may include Sale Deed (بیع نامہ) , Gift Deed (ہبہ نامہ), Surrender Deed(دستبرداری نامہ)   etc and mutation  may include mutation of oral sale ((انتقال بیع زبانی, mutation of oral gift(انتقال ہبہ زبانی) , mutation of inheritance  (انتقال وراثت) , mutation on the basis of Registry (رجسٹری  کی بنیاد پرانتقال). Mutation meaning in urdu is Inteqal (انتقال)                                                                                                              

Some properties are transferred through Registry to Registry and no mutation  of such property is required to be entered/attested. However, some properties are transferred on the basis of Oral mutations (Oral Sale or Oral Gift etc) without  execution of Registry (sale Deed, gift deed etc).  Some property are transferred through inheritance mutation through operation of law. Some properties are transferred through both the registry as well as mutation.   

Registry i.e Sale Deed or Gift Deed or Surrender Deed etc are registered in the office of  Sub Registrar/ Registrar while Mutation is entered by concerned Patwari and sanctioned by concerned Tehsildar concerned or by Assistant Director Land Record (for computerized Mouzas).

Registry and Mutation - Which is better? 

Registry has more importance and legal value as compare to oral mutation (not based on Registry) because the courts considers the Registry (registered with Sub Registrar) to be a title document however the mutations (not based on Registry)  are given less importance by the courts because courts are of the view that mutations are for fiscal purposes/ revenue record maintaining.

 

Although, Registry and mutation (if based on fraud or some other legal defects) both can be cancelled by the courts but still due to many reasons, a Registered document is less likely to be cancelled as compare to oral mutation (not based on registry).   

 

Besides, a Registry also contains metes and bounds (حدود اربعہ) of the property being sold or gifted. However, its not in the case of mutation. Furthermore,  there is also a clause of available in registry with regard to possession of property.

 

It is recommended to always execute a Registry for transfer of a property (Urban or Rural including agricultural land). In case of selling, a Sale Deed is  required to be executed . In case of gifting, a Gift Deed is required to be executed,  in case of surrendering, a Surrender Deed or Relinquishment Deed is required to be executed and so on. After registration of these deeds, mutation on the basis of registry should cause to be done (if such land has not been included in ABADI (Shamil Abadi) and land record is still maintained by Patwari / Tehsildar etc.  

 

Overview of differences between Registry and Mutation

 

Registry	Mutation
Written/Printed on Stamp Papers	Written/Printed on Plain Papers
Muharrar in the office of Sub Registrar makes relevant entry in the register maintained in the office and Sub-Registrar/ Registrar registers a "Registry of property"  (Sale Deed, Gift Deed, Surrender Deed, Lease Deed etc)	(For non-computerized Mouzas) Patwari enter mutation and Tehsildar sanctioned it.   (For computerized Mouzas)   Process of mutation takes places in Land Record Centre also known as Arazi Record Centre and Assistant Director Land Record (ADLR) is  the competent officer to sanction a mutation.
May contain detail of metes and bounds (حدود اربعہ)  of the property being sold or gifted (North, South, East, West), and other details as per requirement of the parties	Limited detail is mentioned in Mutation. No metes and bounds (حدود اربعہ) is mentioned.
For transfer of property situated in Urban Area, to which Land Revenue Act, 1967 does not apply, the execution of registry (registered with Sub Registrar/registrar) is mandatory requirement.	In Rural Areas, people usually use oral mutation process  (mutation of oral sale, mutation of oral gift etc) to transfer the land, However, it is recommended to always execute a Registry for the purpose of transfer of a property.
Registry is a title document.	Mutation is not a title document rather same is considered to be used only for recording keeping and fiscal purposes by the Revenue officials/officers.
There are less chances of a Registry to be cancelled, if challenged by aggrieved persons	As compare to Registry, more chances are there for cancellation of an oral mutation.   Be noted, all the oral mutations are not cancelled by the courts blindly.
If any case is required to be filed for cancellation of Registry,  same can only be filed in Civil Courts	If any case is required to be filed for cancellation of oral mutation,  same can be filed in Revenue Court and or Civil Courts, depending on circumstances of the case.   If mutation is required to be challenged on the ground of fraud, same can be challenged  in Civil Court only.

 

Sample of Registry

Sample of Registry (1st Page)

Sample of Registry (2nd Page)

Sample of Mutation

 

Sample of Mutation