Re-registry of plot
REKHA JETLY
(Querist) 10 April 2013
This query is : Resolved
Sir,
(1) If I bought a plot say 1000 sq. yd. & get joint registered in my name & husband but mutation is not done.
(2) After some times if same seller gets ready to re-registered the same plot (1000 sq. yd. ) separately into three equal parts (in my name , my husband name & my brother-in-law) .
(a) Can it be posiible ?
(b) Can the seller does mutation in three different names ?
We will give undertaking on affidavit to seller for re-registery on our wish & divide our property between myself, my husband & my brother-in-law.
The first registry will be destroyed ?
Please advise.
ajay sethi
(Expert) 10 April 2013
registartion has already beeen done . you and your husband are joint owners of plot now . first registry wont be destroyed .
Adv k . mahesh
(Expert) 10 April 2013
in which state it was registered
REKHA JETLY
(Querist) 10 April 2013
The state name is Uttarakhand.
Is joint registry means that both have equal share 50% in property ?
Can mutation possible if a buyer has a limit to purchase 500 sq. yd.only in Uttarakhand & eligible for mutation because our total plot size is 1000 sq. yd. but registry is JOINT.
Devajyoti Barman
(Expert) 10 April 2013
contact local lawyer. Rules differ from state to state.
prabhakar singh
(Expert) 10 April 2013
If seller has already executed a registered
sale deed in joint name of you and your husband THEN getting any other sale deed executed by him again in favor of you,your husband,and your brother in law WOULD NOT BE LEGAL EXERCISE but A GAME OF MONKEYS which should be avoided.
Mutation is still possible and would be less costly than planned activity.You both can transfer part of desired share directly to your brother in law by a registered gift deed.
IT IS NEVER WISE NOR IS THERE NECESSITY TO
RE INVITE A SELLER WHO NOW DOES NOT OWN OR POSSESS ANY TITLE RIGHT OR INTEREST IN THE PROPERTY.
Raj Kumar Makkad
(Expert) 10 April 2013
I completely agree with the wise advice of Mr. Singh. Go only for mutation and not for re-registration.
