Rohit 11 July 2018

Will a sale deed get cancelled along with mutations.

Hi,

My father's small brother illegally sold our land to a third party on 1993. sale deed happened on the same year. In 2013 mutation happened without our notice. as soon as we came to know about this we filed a case in sub divisional magistrate and he cancelled the illegal mutation. So my questions are

1. Will the sale deed happened in 1993 get cancelled with the mutation?
2. Do we need to file another case to cancel the sale deed.

please reply.

Reply Follow

11 Replies

R.Ramachandran (Advocate) 11 July 2018

Sale Deed will not get cancelled automatically just because mutation entry was cancelled.

kavksatyanarayana (subregistrar/supdt.(retired)) 11 July 2018

The registration department has no power to cancel a registered deed except on the orders of Government or a civil Court of High Court. so file case for cancellation of sale deed.

rajeev sharma (Advocate Ex senior manager law ) 11 July 2018

Only a civil court has jrisdiction to cancell the ssale deed . File a case there .

Rohit 11 July 2018

Thank you all for reply

R.Ramachandran (Advocate) 12 July 2018

@Mr. kavksatyanarayana: What about limitation?

Rohit 12 July 2018

What is the appeal period for the cancelled mutation which the other party can do if it want?

rajeev sharma (Advocate Ex senior manager law ) 12 July 2018

Limitation is 3 years from date of knowledge

rajeev sharma (Advocate Ex senior manager law ) 12 July 2018

Limitation is 3 years from date of knowledge

kavksatyanarayana (subregistrar/supdt.(retired)) 12 July 2018

Mr. Ramachandran ji, the limitation period is 3 years. the mutation was done in 2013. Now they have come to know the fact. This is my opinion.

Rohit 20 July 2018

Can we take the possession of the land after the mutation did by opposition party got cancelled? Or do we need to wait till the sale deed cancellation?

Rohit 28 July 2018

Can we take back possession of the land after the mutation did by opposition party got cancelled? Or do we need to wait till the sale deed cancelled? Please reply.