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Law $ aam (Executive)     30 December 2010

Effect of Mutation

If x got mutation of property  during the pendency  of  injunction suit.

1. should  X go for it or not ? 

2. What will be effect of mutation ?

3. Is it can be used as any form of evidence in suit?

4. X should disclose it or not if done?

5. If any other suggestions Please mention that.

thanking you all.

 



Learning

 4 Replies

Bhawani Mahapatra (Law Officer)     30 December 2010

You have provided a little informtion. However mutation is a process which neither creat any right or extinguish anybody's right, it has only a presemptive value until it is challanged. So getting muted a land during the pendency of a suit cannot vitiated the suit, nor it help for proving/disproving the suit.

Law $ aam (Executive)     30 December 2010

X has filed a suit of permanent injunction in civil court  on the basis of unregistered will and having interim relief to maintain the situation as it is. Now X approached for mutation of property (house for which the suit is) . If property got mutated  in favour of  X. what will be benefit to X by this mutation.

1. Is it can be used as any form of evidence in suit?

2. If any other suggestions Please mention that.

niranjan (civil practice)     31 December 2010

Statusquo could mean that possession should be continued on the date of the suit. The suit for p.i. on the basis of will,so,heirs of deceased could also be party to the suit,and so if in the meantime mutation is made in one particular name it could be evidence against other heirs about possession.

Bhartiya No. 1 (Nationalist)     01 January 2011

Mutation alone not going to help, that also during the pendency of the suit,

Mutation neither confer nor extinguish any title

. In AIR 1996 SC 2823 the legal effect of Mutation is stated as "Mutation of the property in the revenue record will not extinguish title nor has it any presumptive value on title". The entry in Record of Rights is conclusive proof of the correctness of the entry, it has only presumptive evidentiary value which can be rebutted in the Civil Court.

 

Also I am quoting observation of a judgement,

"It is well settled that entries in revenue records do not confer title. Title to a property of a person would not be lost merely because his name is not mutated in the revenue registers. So entry showing the name of a person as owner of the property in the column relating to 'owner' does not confer title on him in relation to that property, if he is not really the owner of that property." 

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