The Supreme Court, on Thursday, struck down Bihar’s rule that required property sellers to show mutation or “jamabandi/holding” proof before registering sale deeds. The bench, headed by Justice P.S. Narasimha and Justice Joymalya Bagchi, observed that the State had crossed its legal authority by imposing this extra condition, making land transactions unnecessarily difficult for ordinary citizens.
Background
In 2019, Bihar amended Rule 19 of its Registration Rules to include clauses (xvii) and (xviii). These required sellers to mention and produce proof of jamabandi (for rural land) or holding number (for urban property) in all sale or gift deeds. Without this proof, sub-registrars could refuse registration altogether.
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Several landowners challenged the rule, arguing that mutation does not decide who owns the land-it is only a revenue entry for tax assessment. Further, in many parts of Bihar, new surveys and mutation records are still incomplete, making it nearly impossible for many genuine owners to obtain mutation certificates.
The Patna High Court had earlier upheld the rule, but the petitioners appealed to the Supreme Court.
Court’s Observations
The bench closely compared the older grounds for refusing registration with the newly added ones. Previously, refusal was allowed only when there were doubts about identity, execution, or incomplete property description. These were practical checks to ensure authenticity.
But the new sub-rules, the Court said, introduced something fundamentally different:
They made proof of title itself a requirement for registration.
“The Act deals with registration of documents, not proof of ownership,” the bench remarked.
The Court further noted the practical situation in Bihar:
- Land surveys and settlement processes are incomplete.
- Jamabandi entries are outdated—often still recorded in the names of ancestors who passed away generations ago.
- Mutation does not create ownership rights; only courts can decide title.
Imposing jamabandi/holding proof as a precondition, the Court said, “tilts the balance unfairly” and restricts the constitutional freedom to buy and sell property.
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In a significant observation regarding systemic land reforms, the bench also encouraged the government to explore Blockchain-based property registration, stating,
“We must think towards a system where registration conclusively reflects ownership, backed by modern technology.”
Decision
The Supreme Court set aside the Patna High Court judgment and quashed the Bihar notification that introduced Rule 19(xvii) and 19(xviii). The rules were declared ultra vires-beyond the scope of the authority of the Inspector General of Registration.
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The Court concluded that requiring proof of mutation before registration is arbitrary, illegal, and burdensome, especially when the mutation system in Bihar is itself incomplete.
The appeals were allowed. No costs were awarded.
Case Title: Samiullah v. State of Bihar (2025) – Mutation Proof Requirement for Property Registration Struck Down
Court: Supreme Court of India
Bench: Justice P.S. Narasimha and Justice Joymalya Bagchi
Issue: Validity of 2019 amendments to Rule 19 of Bihar Registration Rules requiring sellers to produce Jamabandi/Holding Mutation Proof before registration of sale/gift deeds.
Date of Judgment: 6 November 2025
