Objection to a Pending Mutation and Appeal Against a Sanctioned Mutation (Intkal Aitraaz te Appeal)

ਸਟਾਂਪ ਡਿਊਟੀ

Nothing here is stamped as a conveyance — no Schedule I-A duty in Punjab. What's payable is court fee, small. WHICH TEXT of the Court Fees Act, 1870 matters: the 2009 Punjab Amendment (Act 1/2010) substituted percentage slabs, but they've been STAYED since 27 Nov 2013 (RSA 3311/2013 — the P&H High Court's own Court Fee Table, checked 6 Sep 2026). So the UN-AMENDED table applies — fixed fees of a few rupees (e.g. Rs 5.25 for a civil revision, Rs 0.65/page for annexures — High Court figures, quoted only to show it's not a percentage). Heads for THIS petition (Schedule II, un-amended): Art 1(b) (to a Collector/subordinate officer), Art 1(c) (to the FC), Art 11 (memo of appeal), Art 10 (vakalatnama). RCMS shows an average Rs 39 across 248,068 cases (6 Sep 2026) — get the exact figure from the e-filing screen or the court's Reader first. The affidavit is the ONE chargeable paper, sworn IN PUNJAB — Article 4, small fixed duty; buy from a vendor or e-stamp in the deponent's own name (Punjab also runs NeSL as an Authorised Collection Centre for affidavits — E-Stamp Rules, 2014). Sworn OUTSIDE India, it's plain paper — no Punjab stamp at all. Three more figures: the Rs 600 mutation fee + Rs 200 pasting fee, recovered under s.38(2) ONLY from the person favoured — an objector doesn't pay; separate fees per partition holding/shamilat share. A Special Power of Attorney to run the case: Rs 1,000 duty + Rs 100 registration + Rs 2,000 facilitation — don't confuse with a POA to SELL land, now 2% (Article 48(f), 2023 Amendment Act) outside immediate family. Copies: Manual para 3.48 — Rs 20/page for a mutation-counterfoil copy (uncertain vintage); a computerised nakal (Rule 71-B) is charged separately — ask the counter. Punjab ONLY: Chandigarh sector property has no jamabandi; its OWN revenue villages do, but Punjab's Court Fees Act amendments don't extend there — its fees are the Administration's, not Punjab's.

ਰਜਿਸਟਰੀ

Nothing here is registrable — s.17 needs an instrument transferring a right; this petition asks an officer to refuse/correct/set aside an entry, which isn't one. No fee, no window, no penalty. What IS time-bound is the PROCEEDING: s.13's ladder — AC to Collector to Commissioner to FC; a CRO-attested mutation's first rung is the Collector (DC). S.14: 30/60/90 days from the ORDER date. Proviso (i), s.13: no second appeal once confirmed on first. S.15: review by the same officer, within 90 days. S.16: revision, no fixed period — say so if filing one rather than pleading periods that don't apply. An objection BEFORE attestation has no limitation — it just must reach the CRO first. Filing is on RCMS (rcms.punjab.gov.in) — e-filing with Aadhaar login, case number, cause list, digitally signed orders. Over-the-counter also available. RCMS on 6 Sep 2026: 478 active courts, 248,068 cases, 71,228 pending, 437-day average disposal. Two merits points: a mutation on an unregistered agreement or a GPA-plus-will bundle conveys no title (Suraj Lamp v. State of Haryana, (2012) 1 SCC 656) — plead it. A REGISTERED deed DOES auto-start mutation — file your objection the moment you learn of registration, not after sanction. Jurisdiction: s.158 excludes the civil court from record-of-rights matters; s.45 preserves the declaratory suit — the entry is for the revenue officer, title for the civil court. NOT Chandigarh's position: sector property auto-mutates via the Estate Office. Its OWN revenue villages keep a jamabandi under the same Act, but the rest of the ladder there (Commissioner/FC designations, court fee, an RCMS equivalent) is unverified — ask the Tehsildar, Chandigarh, first.

ਨੋਟਰੀ

The petition isn't notarised — signed and verified. The affidavit filed with it IS sworn, and the form asks WHERE, since that changes the jurat and the stamp. SWORN IN PUNJAB: before an Oath Commissioner, Notary, or the court's own officer, on non-judicial stamp paper. The deponent appears in person with photo ID; the jurat needs place, date, seal AND registration number — a later-dated affidavit or a blank-place jurat is the commonest return reason, and can eat the whole 30 days. SWORN ABROAD: a consular officer (Diplomatic and Consular Officers Act, 1948) needs no further legalisation; a foreign notary needs an apostille or Indian-mission legalisation. The CONSULAR route is safer — India's been an Apostille party since 2005, but Punjab offices reportedly prefer mission attestation and no circular settles it. A scan suffices for e-filing, but the original is still called for. Since an overseas affidavit takes weeks against the fuse, execute a Special Power of Attorney at the same sitting and attach it — stamped within 3 months of reaching India (s.18, Stamp Act; Punjab: Rs 1,000 duty + Rs 100 registration + Rs 2,000 facilitation). Adjudicate under s.31 if in doubt — an under-stamped POA is the first thing attacked. Chandigarh: none of these figures apply; sector property has no petition to swear for. For a revenue-village property, ask the Tehsildar there.

ਗਵਾਹ

No attesting witnesses — not a deed. Three things matter: the Petitioner's signature/thumb on the last page with INITIALS on every other page (against substitution); the verification clause separating personal-knowledge facts from information-and-belief from legal propositions; and the deponent's identification before the oath officer — in Punjab, by a practising advocate or someone known to the Oath Commissioner, or abroad by passport before a consular officer. Where the Petitioner can't read the papers, the read-over clause prints — thumb impression (left for a man, right for a woman), and a literate person's name, parentage AND address — leave blank only if read personally, since a false recital is a false oath in the document everything rests on. Facts from OTHER people don't belong in the Petitioner's own affidavit — file separate affidavits as annexures. Ask at the hearing for the khasra girdawari and Roznamcha Waqiati — they show who cultivated which harvest and what the Patwari recorded. Chandigarh: sworn before an Oath Commissioner or Notary under the Administration's own practice.