Sale deed and mutation case
Ashok
(Querist) 01 December 2014
This query is : Resolved
Case details :
1. Year 1986 :
Person’ A ‘sold his property to Person ‘B’. Person ‘B’ plotted the land and sold as per plotted scheme to all with valid sale deed and did not file any mutation case.
Out of all land only 200 sqft can’t be sold by ‘B’.
2. Year 1988:
Person ‘C’ purchased from ‘B’. while going for mutation case tahasildar issued Joint patta infavour of ‘C’ and ‘A’ and patta did not shows any clear amount of land belongs to whom i.e what is the amount of land for ‘C’ and ‘A’ on patta but Mutation case of record sheet has figure w.r.t amount of land belongs to ‘C’ and’A’
3. Year 2011:
After getting joint patta, ‘C’ filed another mutation case to separate its name from ‘A’.
‘A’ had given consent and ‘B’ had also given consent to separate patta for ‘A’.
which is not yet finalized for 4yrs.
4. Year 2014:
Mean time ‘A’ expired. And ‘A’ ‘s son sold the said property to ‘D’ by using legal heir certificate of ‘A’ and Joint patta.
5. ‘D’ got patta from tahasil office by giving some money to RI and dealing assistant. As Tahasildar is new to office issued order to give patta and ‘D’ got it.
Under these circumstance what legal remedy should be adopted by ‘C’ for below points :
1. To whom should approach
2. Who has the power to declare sale deed as null and void for ’D’
3. Whether police complaint can be initiated against A’s SON, and under what section.
4. Which approach needs to be followed like administrative or civil proceedings-:
a)Tahasildar -> Sub collector -> Additional district magistrate -> revenue commissioner
b) civil proceedings
5. The tahasildar who ordered patta to ‘D’ is now active in same office, and whether same tahasildar can review his own order and make patta as null and void for ‘D’.
ajay sethi
(Expert) 02 December 2014
documents cited by you have to be gone into advice . consult a local lawyer
Dr J C Vashista
(Expert) 03 December 2014
Contact and consult a local lawyer.
Ashok
(Querist) 03 December 2014
Thanks all experts !!
Requests experts under what section of Civil and Criminal procedure can be initiated
Sailesh Kumar Shah
(Expert) 04 December 2014
without going through of your document, no advise can be given.
Rajendra K Goyal
(Expert) 05 December 2014
Consult local lawyer and show him all the documents.
T. Kalaiselvan, Advocate
(Expert) 05 December 2014
There is no ground for filing a criminal case, however a civil suit can be filed for declaring the title to the property as well as cancellation of sale deed in favor of D, cancellation of Patta in favor of D and other related issues. A local lawyer may be contacted with relevant papers for more opinions and advises on the subject.
Ashok
(Querist) 08 December 2014
Thanks A lot everybody for active advice
