When a landowner in Andhra Pradesh passes away, the heirs must get their names entered in the revenue records. This process is called Fouthi. A common question is whether a registered document, such as a succession deed or registered will, must be produced first. A clarification from the Commissioner of Survey, Settlements & Land Records (CSS & LR) answers this directly.
What Does "Fouthi" Mean in Land Records?
Fouthi is a Persian word that corresponds to "Death" in English and "Maraninchuta" in Telugu.
In revenue practice, a Fouthi case is a change (mutation) in land records made because the registered holder has died and the land has passed to the legal heirs. It is also called succession mutation, or transfer of registry on death.
The Clarification in Brief
The Collector of Kurnool asked whether registered documents should be insisted upon for effecting transfer of registry in Fouthi cases. The Commissioner, CSS & LR, responded as follows.
| Point raised | Whether, in Fouthi cases, registered documents are to be insisted upon for effecting transfer of registry. |
|---|---|
| Meaning of Fouthi | A Persian word corresponding to "Death" in English and "Maraninchuta" in Telugu. |
| Governing rule | Transfer of registry is to be ordered in accordance with Rule 9 of the Andhra Pradesh Record of Rights in Land and Pattadar Pass Books Rules, 1989. |
| Registered document | There is no question of insisting upon a registered document. |
Why No Registered Document Is Required
A registered document (sale deed, gift deed, settlement deed) is needed when ownership changes through a transaction between living persons. In a Fouthi case, ownership passes on the death of the owner, through succession by operation of law. There is no transaction to register, so revenue officers cannot ask the heirs for a registered instrument as a condition for mutation.
How Fouthi Mutation Is Handled
Under Rule 9, revenue authorities follow an inquiry-based procedure rather than a registration requirement. In general terms:
- Apply to the revenue office. The heirs apply to the Mandal Revenue Officer (Tahsildar), with proof of the owner's death and their relationship to the deceased.
- Notice and inquiry. The authority issues notice and inquires into who the legal heirs are.
- Update the record. If there is no dispute, the record is updated and the heirs' names are entered.
- Handle objections. If someone objects, the authority follows the provisions of the Rules for dealing with the dispute.
The exact steps, timelines and documents can change with amendments and government orders, so confirm the current requirements with your local Tahsildar office.
Fouthi vs Mutation on Sale or Gift
| Point | Fouthi (death) | Sale / gift |
|---|---|---|
| How ownership changes | By succession on the owner's death | By a transaction between living persons |
| Registered document | Not insisted upon | Basis of the mutation |
| Main basis | Rule 9 procedure and heir verification | The registered instrument |
Key Takeaways
- Fouthi means death, and a Fouthi case is a mutation after a landholder dies.
- The governing provision is Rule 9 of the AP ROR Rules, 1989.
- Officers must not insist on a registered document for Fouthi mutation.
- Fouthi is different from mutation on sale or gift, where a registered document is the basis.
Frequently Asked Questions
What is Fouthi in land records?
Fouthi is the mutation of revenue records after the death of a landholder, so that the names of the legal heirs are entered.
Is a registered will or succession deed compulsory for Fouthi?
According to this clarification, no registered document can be insisted upon for Fouthi mutation, which is done under Rule 9.
Which rule governs Fouthi mutation in Andhra Pradesh?
Rule 9 of the Andhra Pradesh Record of Rights in Land and Pattadar Pass Books Rules, 1989.
Who should I approach for Fouthi?
Generally the Mandal Revenue Officer (Tahsildar) of the mandal where the land is located.
Disclaimer: This article is for general information only and is based on a 1989 clarification. Rules and procedures have since been amended and moved online, so please verify the current position with the revenue department or a qualified legal professional before acting.
Want the full picture of the Act? Read our complete guide.
AP Pattadar Pass Books Act 1971: Complete Guide
