Mutation and sale of landed property and associated land
Anik Neogi
(Querist) 27 November 2011
This query is : Resolved
1. The property in question was divided into 3 unequal parts among 1 brother and 2 sisters by their mother (now deceased) in a registered deed of settlement.
2. Does the brother need to mutate his share of the property to be able to sell / lease it to an individual or a developer / promoter?
3. Will an individual buying the property directly or buying a developed part of the property (if sold / leased to developer / promoter) qualify for a bank loan?
4. What can be done if there is a mismatch between government records (West Bengal) and the deed of settlement regarding the brother's share of the property? (There is no mismatch in case of the sisters' shares mentioned in the deed of settlement).
Here, I must mention that the mismatch is regarding a small parcel of land (from the brother's entire share). According to erroneous government records, this parcel of land belongs to some third party (some neighbors in the area) although the deed of settlement and the will probate don't show their names anywhere. This is why the mutation request for the brother's entire share of the property has been rejected by the govt. officer. What can be done now? Can the brother get at least the all the matching parts of his share mutated first?
Devajyoti Barman
(Expert) 27 November 2011
2. Mutation is not mandatory to transfer any property if otherwise the title is clear.
3.Yes
4. It is the title deed which would actually speak. Anyway to remove further complications it is advisable that the anomaly in the description of the brother's share should be corrected by the deposit of necessary title deeds.
Raj Kumar Makkad
(Expert) 27 November 2011
I cannot be agree with Barman and Rajeev. My parawise reply is as under:
1. No question raised so no need to reply.
2. -do- (as above).
3. Yes. Mutation is required to be entered so as to show the title of the parties in the mentioned share without which settlement deed has no value in the eyes of law. A family can get register its settlement deed but if the same is contrary to Govt. record, it is required to discarded.
4. In the given case, mutation against the property of other cannot be allowed to be made in favour of the brother. No one can take over the property of third person under the garb of settlement. Such brother should withdraw his claim towards the area shown in settlement deed of other person and should specifically insist to get entered mutation of the area under clear title of settler.
prabhakar singh
(Expert) 28 November 2011
I would like to answer as I have grasped the facts:
1]inequality of division is not a problem if the deed has been signed by all[mother,brothe and two sisters]and partition has been acted upon the spot.If not then it should be acted upon before entering into
any agreement with the builder.
2]Mutation,in my opinion is the requirement.It should have been done then and there after registering the settlement deed.
3]Only when seller reflects his exclusive title on land sold.
4]Record would need correction to remove the mismatch if the error is in the record
but in case the error is in settlement deed ,a rectification in the deed would required
joining brother and two sisters,in case sisters do not agree rectification suit would be the requirement.
Ps.In view of foot note the small parcel should not be claimed and should not be sold to any body and should not be part of the developer agreement.No rectification then required.The same belonging to else can be bought also to remove the difficulty in the way.
Raj Kumar Makkad
(Expert) 28 November 2011
settler has already died so rectification in the settlement deed cannot be effected prabhakar singh ji.
prabhakar singh
(Expert) 28 November 2011
I agree with you then to that extent.
Otherwise also from his foot note no such rectification requirement is necessary.and i have clarified that in my p.s.
Thank You however.
Anik Neogi
(Querist) 30 November 2011
Thanks to all the experts for their insightful replies!
I have a question for Raj Kumar Makkad Ji in light of the following comment:
"Such brother should withdraw his claim towards the area shown in settlement deed of other person and should specifically insist to get entered mutation of the area under clear title of settler."
Q. The brother has approached the govt officer to renounce his claim over the parcel of land showing another person's name in the govt record so that the rest of the land can be mutated in his name. But the officer has refused to mutate even the part of the land which is clearly in the brother's name citing that since he has 2 other sisters, this part of the land has to be equally divided into 3 parts. Is this really necessary given that the sisters have already been bequeathed other parts of the land by the deceased settler according to the settlement deed. The brother just wants his share of the property mutated in his name. The sisters have not yet applied for mutation of their shares of the land.
Anik Neogi
(Querist) 09 December 2011
Please throw some light on the above-mentioned NEW QUESTION...
M/s. Y-not legal services
(Expert) 28 November 2011
