Mutation issue
shiv11
(Querist) 05 January 2018
This query is : Resolved
Dear Sir/Madam My Grandfather had registered a land on my father name as a gift in BIHAR. The registration was done in between year 1970-1980. Due to some reason my father did not do mutation of that land. After my father death we found the papers in his box. We showed papaers to our advocate and on his green signal we applied for mutation and we got mutation done without any issue. Now my Uncle is saying that paper is forgery paper and mutation is not valid. He is saying if your registration was valid then why your father could not apply for mutation earlier why now after his death. Looks like he has given a petition or filed a case in "The Court of Deputy Collector Land Reforms". He is saying mutation is illegal as C.O. did not send him notice before mutation and without background check of registry papers he muted the land to my elder brother. My uncle lives-in some other place and not in native village, I think notice was sent to native place (I am not sure about it). Also on same registry paper there are other lands which grandfather has given to my father as a gift. Mutation of those lands have not been done yet as we thought we will go for mutation one by one but unfortunately uncle filed a case and now not sure what is going to happen.
Want to know what will happen now? Will mutation be cancelled?
Or further mutation will not be done unless case is finalised?
In preparation against my uncle petition what we should do?
Every one involved in registry have died (Grandfather, Father, all witness). How can we prove that paper is not a forgery paper?
Vijay Raj Mahajan
(Expert) 05 January 2018
Although all persons concerned are no more alive but as you say the gift if property done through registered deed. The official records of registration of immovable property is sufficient proof of genuine transfer of property.
The mutation carried will not be set aside just on any objection raised now by your uncle as the registration of property done between 1970-80 and at that time no objection raised by him.
Sankaranarayanan
(Expert) 05 January 2018
What is your Lawer suggestion regarding this now? now you have to file a counter with sufficient proof and details. you can prove your grand father's signature by any other paper which was signed by him.If it genuine then you can accept for a Forensic science test.
