Transfer of Mutation
Ravi Semwal
(Querist) 17 August 2018
This query is : Resolved
Hi All,
I have bought a property in Dehradun from General category candidate. While filling Mutation I found that this property belong to SC category candidate. And Mutation is not registered in my seller name.
Please advise what to do now and if possible how to transfer Mutation in my name.
Vijay Raj Mahajan
(Expert) 18 August 2018
If there exists any law or by-law in the State that particular land can be owned by person of reserved category like SC/ST that the mutation of that land may not be possible in your name as you are in general category.
If there exists no law or by-law in this regard and property can be owned by anyone irrespective of his caste/category that mutation of the property can be done in your name.
You may always challenge the law or by-law as unconstitutional in the High Court if such exists in the State.
P. Venu
(Expert) 18 August 2018
First of all, ascertain why the revenue records do not show the name of the vendor. However, there is no general law that a scheduled caste cannot sell their property to a person who does not belong to their community.
Dr J C Vashista
(Expert) 19 August 2018
A property meant/declared to be reserved for a specific purpose shall not be transferred to other category of individual vendee.
You have stated to have purchased from a general category vendor (presumably it has been purchased/sold on a document registered with area Sub-Registrar) it can not denied to be mutated by Revenue/ Municipal authorities.
You are missing / concealing vital information, hence it shall be better to consult a local prudent lawyer with relevant document/information.
