# Mutation Cannot Wipe Out Your Title: Supreme Court

By Saurabh Garg, founder·6 min read·Published 2026-09-07
**Short answer:** On 20 August 2026 the Supreme Court held that a revenue mutation entry cannot extinguish a co-owner's title, and that limitation runs from the date the owner learned of the entry, not from the date the entry was made. The case is Jamnabai and Others v. Vasudev and Others, Civil Appeal arising out of SLP (C) No. 39 of 2026, 2026 INSC 900.

# Your Name Off the Revenue Record Does Not Take Your Title With It

**On 20 August 2026 the Supreme Court held that a mutation entry cannot extinguish a co-owner's title, and that the limitation clock starts when the owner finds out, not on the day the entry was made. If you own a share of family property in India and someone at home has changed the records, both halves of that hit you.**

The case is *Jamnabai and Others v. Vasudev and Others*, Civil Appeal arising out of SLP (C) No. 39 of 2026, neutral citation 2026 INSC 900, decided on 20 August 2026. Justice Augustine George Masih wrote the judgment, sitting with Justice Sanjay Karol. The Court marks it non-reportable, so it applies settled law rather than laying down a new rule. The facts are why it is worth reading.

## What happened

The dispute is over Survey No. 307 at Village Kanadia, Tehsil and District Indore, 12.41 acres with a house on it. Bhagwansingh died and the land devolved on his two sons, Ramprasad and Vasudev. Mutation followed in both names.

Ramprasad left the village. His wife, Jamnabai, took him to her parental village, and the family kept receiving a share of the produce. Requests for partition went nowhere. In April 1990 a statement and affidavit were filed before the Naib Tehsildar, and a mutation order followed. A written consent dated 17 June 1990 surfaced later. Between them, the respondents said, Ramprasad had given up his share.

Nobody told Jamnabai. On 26 January 2008 a public notice in *Dainik Bhaskar* at Indore advertised an agreement to sell part of the land. She obtained certified copies on 30 January 2008 and found one survey number in the name of Vasudev's son, the other in Vasudev's name, and Ramprasad's name gone. The suit was filed on 13 February 2008.

The trial court and the first appellate court both found for the family. The Madhya Pradesh High Court at Indore reversed them in second appeal on 9 May 2025 and dismissed the suit as time barred. The Supreme Court has set that aside and restored both decrees.

## What the Court held

On the record: "an entry in the revenue record neither creates nor extinguishes title and exists essentially for fiscal purposes." The order of the Naib Tehsildar "cannot, merely by recording one person's name in place of another, operate as a conveyance or a relinquishment of proprietary rights." The statutory presumption of correctness under Section 117 of the Madhya Pradesh Land Revenue Code 1959 is "a rebuttable evidentiary presumption and not a presumption of title."

On who proves what: the burden of proving a relinquishment "lay squarely on the respondents who asserted it, and it was not for the appellants to disprove it." The document they relied on named no consideration, was not registered, and sat on stamp papers bought months before the date it bore.

On the clock: "The starting point of limitation cannot be fixed merely by identifying the date on which a revenue entry happens to have been made. What matters is when the right to sue actually accrued." Because Ramprasad and Vasudev were co-owners, "the possession of one co-owner is ordinarily treated as possession on behalf of all, so that a co-owner in possession does not acquire an adverse title merely by continuing in possession." An ouster between co-heirs "requires an open assertion of hostile title coupled with exclusive possession and enjoyment to the knowledge of the other coheir." There was no such finding here, so limitation had not begun to run in 1990.

The Court also held that the High Court had exceeded Section 100 of the Code of Civil Procedure by reweighing the same evidence to reach a different conclusion. The respondents are restrained from selling the land or creating third-party rights in it until a lawful partition happens.

## What it means if you own from abroad

The pattern here shows up in NRI files week after week. An owner is out of the district. A relative stays in possession, collects the income, and at some point the record changes. Eighteen years passed between the mutation and the suit.

Three points follow. A changed record is not a lost title, and whoever claims you gave up your share has to prove the transaction that did it. A relative sitting in the flat and taking the rent holds it for all the co-owners until there is an open, hostile assertion you knew about. A delay caused by not knowing is not a delay caused by sitting on your rights, though you have to show when you found out. Jamnabai could point to a dated newspaper notice and dated certified copies.

That last point is the practical one. The Court accepted a paper trail. Without one, the argument gets harder.

## What to do

Pull your own certified record. For land it is the revenue record; for a flat in Bengaluru it is the khata and the e-Khata reference. Do it on a schedule, not when something goes wrong, and keep every copy with its date. Our guide on [khata and mutation for a remote owner](/guides/khata-mutation-remote-owner) sets out the steps and the portals. If the record already reads wrong, start with [how to check for property fraud from abroad](/guides/property-fraud-nri-india-how-to-check).

## FAQ

**Does a mutation entry give someone ownership of my flat?**
No. The Supreme Court restated on 20 August 2026 that a revenue entry neither creates nor extinguishes title and exists for fiscal purposes. The civil court decides title, and the entry follows title rather than creating it.

**My cousin has lived in the family flat for twenty years. Has he gained title by adverse possession?**
Not on possession alone, if he is a co-owner. The Court held that one co-owner's possession counts as possession for all, and an ouster needs an open assertion of hostile title, exclusive enjoyment, and your knowledge of it.

**I found out last month that my name was removed in 2011. Am I too late?**
The Court held the clock starts when the right to sue accrued, not on the date of the entry. Jamnabai's suit was filed in 2008 over a 1990 mutation and was held to be within limitation. Your position turns on your own facts and on what you can produce to date your discovery.

*66 MG Road newsdesk*

## Sources

- Judgment, *Jamnabai and Others v. Vasudev and Others*, Civil Appeal arising out of SLP (C) No. 39 of 2026, 2026 INSC 900, 20 August 2026 (signed PDF): [https://www.livelaw.in/pdf_upload/2026/08/21/6267520258150473504judgement20-aug-2026-695368.pdf](https://www.livelaw.in/pdf_upload/2026/08/21/6267520258150473504judgement20-aug-2026-695368.pdf)

- Full text of the judgment on Indian Kanoon: [https://indiankanoon.org/doc/199854851/](https://indiankanoon.org/doc/199854851/)

Information on this page is as on 2026-09-07. Rules, rates, deadlines and government portals change without notice, so verify against the official source before you act. This page is for information only. It is not tax or legal advice, and it is not a substitute for a qualified adviser who knows your position.

## Related guides

- [Khata, Mutation, and Title Clean-up for Remote Owners: Why a Pending Record Blocks Your Sale](/guides/khata-mutation-remote-owner)
- [Is a relative mismanaging your India property?](/guides/is-my-relative-mismanaging-my-india-property)
- [Property Fraud Against NRIs in India: How to Check Your Own Title](/guides/property-fraud-nri-india-how-to-check)
- [Protecting Vacant NRI Property in India: Encroachment, Squatters, and Adverse Possession](/guides/protecting-vacant-property-encroachment-nri)

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