Mutation of plot

This query is : Resolved 

11 December 2019

Respected sir, I am from kanpur, uttar Pradesh. My father had purchased a plot of area 200 sq. yards in Kanpur from a co-operative housing society member on registered sale deed, around 24 years ago. The sale deed is in the name of my mother. That member had purchased the plot from society on 90 years lease through registered bainama. Before selling that plot to my father, a NOC letter was issued by the co-operative housing society to that member in which it is clearly mentioned that there are no dues of society on that member and he can build himself or resale that plot to anyone. There is boundary wall constructed by us and We have possession of plot since last 24 years. Due to some financial condition and being that plot in undeveloped area of kanpur at that time my father did not have any construction on it. Few days back my father gave me papers of that plot then I came to know that the mutation of plot not done by either that member or by my father. On exploring I found that the society in which plot is situated, is not regularized by Kanpur Development Authority but in the process of regularization with other unregulated societies. In government survey done in the past the land use of society was found residential which is clearly mentioned in the notice of Kanpur Development Authority. My questions are--- Q.1- Mutation is possible or not? Q.2- Is it possible that mutation of plot can be done directly in the name of my mother or first mutation will be in the name of that society member (he is not available now) who sold plot to my father? Q.3- Is it possible that mutation can be done to my name directly? If yes then what is the procedure? Q.4- If mutation is possible then should I have to go to Tehsil or Nagar Nigam for mutation? Q.5- And if mutation is not possible then what can I do?

12 December 2019

Dear Sir,
Please consult a local lawyer having acquaintance with local laws.

shashank (Querist)
12 December 2019

Respected Sir, I did but few said--mutation is not possible because sale deed executed way back 24 years & few said--being a residential land mutation is possible from Kanpur municipal corporation.

sankar narayanan (Expert)
13 December 2019

First approach local authorities and collect information , based on that you initiate

Raj Kumar Makkad (Expert)
14 December 2019

In case of non-agricultural lands, failure to mutate does not take away your right in the sale deed. That is even though the mutation has not done, the purchaser’s title will not be affected. He/she will remain the owner of the property. But the only problem of not mutating is that you may not get electricity connection, water connection and you cannot pay municipal tax.

Raj Kumar Makkad (Expert)
14 December 2019

It shall be better to obtain specific permission from Registrar for the execution/entry of belated mutation who can order with fine/cost.

T. Kalaiselvan, Advocate (Expert)
02 January 2020

Since you have the registered title deed on your name, if the authorities refuse to mutate the proeprty at this stage then dont worry about it, you can always get a direction from court to the concerned authorities to mutate the same on the basis of the documentary evidences in your support.
The mutation can be done on the name of the party having the registered title document on his/her name.
For mutation of revenue records you should approach the Tehsildar office

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