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abhi   13 August 2017

Urgent help - mutation

Dear Sir/Madam,

Please I need your urgent help to know following:

I purchased plot in Lucknow 2 years back. That time had no information about mutation. When I got to know about this and enquired further in respective Tahseel then came to know that in our resgistry many khasra sankhya are mentioned (around 8). Plot number and size exist in resgistry but it is not clearly mentioned that in which specific khasra sankhya, plot exist. In case if it falls under more then one khasra then what size & portion fall in which khasra, such information do not exist in registry.Not even khata sankhya is mentioned. Its only mentions all 8 khasra sankhya.

Actually one builder purchased this land from farmer, total size most likely approx. 1.3 hectare. Then he done plotting and sold to individuals.

Now there are noted below problems:

a) builder not completed his mutation, done plotting and sold to individuals
b) few 1st individuals sold this to another individual (one of them is me, plot size 2100 sq ft). No mutation done at time of builder to 1st individual sale as plot.
c) registry mentions all khasra sankhya covering 1.3 hectare
d) not sure if builder even got the use change for land

After digging alot through people we got to know that first this requires vidhikaran process. Penalty will be applied. We are Ok with it and vidhikaran can also be done. But later got to know through tahseel that because my registy do not mention about specific khasra therefore mutation cannot be done. We are advised to get the registry amendment done to mention specific khasra sankya.

My questions are following:

i) if i go for registry amendment then registrar may ask same questions and ask us to produce evidence as prove for specific khasra sankhya.
ii) when builder do ploting then do he submits this all detail anywhere. Specifying plots clearly and respective khasra sankhya. Or atleast the 'to be' map legally somewhere. Which we can use as reference. 
iii) Will this information be available in tahseel?
iv) if we get something like this then can we use same for mutation?.
v) in case builder has done nothing like this and just done plotting and sold to individuals then what?. Will we never able to get mutation done?.
vi) is there any other better way to handle this case and get mutation completed?.

Your all support is going to be highly and extremely helpful please.

Regards,
Abhi



Learning

 2 Replies

P. Venu (Advocate)     14 August 2017

It is the responsibilty of the builder that he should confer clear title to the buyer.

abhi   15 August 2017

Dear Sir,

Thanks for your response. He was local builder and sold plot to individuals long back around 2009. And not reachable now.

Regards,

Abhi


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