when right is waive
ABHIJEET
(Querist) 28 October 2013
This query is : Resolved
A person name deleted from right of record by revenue authority since 1985. That person was not taking action for his name came on record of right against since 30 years than his right is waive or not.
R.K Nanda
(Expert) 28 October 2013
state full facts.
Ms.Nirmala P.Rao
(Expert) 28 October 2013
Yes! As per the doctrine of waiver,it is deemed that he had waived his right by keeping silent all these years. If you wish to thank me for this reply please click the Thank you button on my profile.
Raj Kumar Makkad
(Expert) 29 October 2013
No remedy is ever available to such person who remains lethargic for immemorial time.
ABHIJEET
(Querist) 31 October 2013
thanks to all
ABHIJEET
(Querist) 31 October 2013
thanks to all
ABHIJEET
(Querist) 31 October 2013
thanks to all
R.K Nanda
(Expert) 01 November 2013
ur welcome.
P. Venu
(Expert) 01 November 2013
Mutation of a property in the revenue record does not create or extinguish title nor has it any presumptive value on title. It only enables the person in whose favour mutation is ordered to pay the land revenue in question.
ABHIJEET
(Querist) 12 December 2013
thanks rao mam
prabhakar singh
(Expert) 12 December 2013
The remedy normally of such a person is to file a declaratory title suit which would lie subject to law of limitation.
In UP UPZA act does not provide for limitation hence a suit can come still.
For what value a mutation or entries in revenue records mean i agree with Shri P. Venu.However such entries hold a presumption of correctness which are open to rebuttal .
V R SHROFF
(Expert) 12 December 2013
you r welcome
