Mutation process or dakhil kharij or enthkaal or virasth

H Singh (Querist) 25 October 2024 This query is : Resolved
In 1997 I purchased half of the land share from my Uncle(Dad’s real brother), however the deal and paper show the sale and purchase between me and my grandfather. And the other half was sold to some other party.

But I forgot to do the Mutation process (In Other Languages Dakhil Kharij or Enthkaal or virasth) at that moment.

In 2014 my other uncle died and has no kid and family. So in order the donate his share to some he knows, my uncle register my grandfather WILL with the local tehsil which was actually written in 1992( I am not clear why it was necessary)

Now the Tehsil people are not moving forward with the Mutation process (In Other Languages Dakhil Kharij or Enthkaal or virasth) as the WILL was register in 2014.

Tehsil people want NOC from my uncle or from their kids.

2 of my uncles died and I have no where about their kids. Last time we met was some 30 years ago.

Now how can i do the Mutation process (In Other Languages Dakhil Kharij or Enthkaal or virasth)

Please advice

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Quick Summary

This discussion revolves around a complex property mutation (also known as Dakhil Kharij or Enthkaal) issue. The original poster purchased a land share in 1997, but the paperwork incorrectly listed their grandfather as the seller instead of their uncle. A subsequent attempt to transfer the property of a deceased uncle via a registered grandfather's will has stalled the mutation process. The consensus is that the situation is unclear and requires consultation with a local legal advocate and scrutiny of all property documents.

T. Kalaiselvan, Advocate (Expert) 25 October 2024
you submit an application for mutation of property to your name with the revenue department
Let them refuse to do it citing the reasons what you have stated here.
After that you can approach civil court with a suit for mandatory injunction against the revenue department including district collector seeking direction to the concerned officials to mutate your property records to your name based on the registered document on your name

kavksatyanarayana (Expert) 25 October 2024
"In 2014 my other uncle died and has no kid and family. So in order the donate his share to some he knows, my uncle registered my grandfather WILL with the local tehsil which was written in 1992" means which is not clear to me.

H Singh (Querist) 25 October 2024
I have 3 uncle (means my father have 3 brothers)
One died in 2014, and the one who died has no kids. So the other uncle as advised by some legal expert register my grandfather's WILL which was actually written 1992 with the tahsil so he can give the share of the Property of the uncle who died in 2014 to someone he know well.

I bought half share 1997 from one of my uncle and other half he sold to someone else.
Other uncle sold his share in 2008
My father took his share in 1982
So the only person left was the 4th uncle who died in 2014
Someone explained to one of my uncle. In order to transfer the share of Property of the uncle who died in 2014. We need to register the grandfather's WILL and follow the process...

I don't know the legality why they did so...

T. Kalaiselvan, Advocate (Expert) 25 October 2024
Any further opinion can be rendered only after properly scrutinizing the property related papers hence better approach an experienced lawyer in the local with all your papers and clarify all your doubts.

kavksatyanarayana (Expert) 26 October 2024
Yes. You consult a local advocate. In 1997, you and your grandfather purchased a half-share, but how did he register the Will in 1992? The Tahsildar will not register the Will.

P. Venu (Expert) 28 October 2024
For reason better known to you, the query and further clarifications have been made incomprehensible. Without understanding the facts, how could there be meaningful suggestions?

H Singh (Querist) 28 October 2024
Mr.kavksatyanarayana. I said I purchased half share of my uncle's Property and the paper work was done between me and my grandfather. And we paid the money to my Uncle
Mean, on paper work I am the buyer and grandfather is the seller. For the part of land which is actually my uncle's share. As he did not completed the transfere formalities I.e. to transfer the land from my grandfather the his(referring to my uncle) name with the tahsildar office.
I believe this is how the law works and that's what's happening in my case. When you make a WILL for a Property. You have to register it to tahsildar office and he will make a not on next to the land record that this particular land and owner has written a WILL. So when any deal is done on the land. The tahsildar will refer the will and work accordingly.

kavksatyanarayana (Expert) 28 October 2024
For your uncle's property, your grandfather cannot sell it. If your uncle is alive he can sell the property, if it is partitioned, otherwise, all the legal heirs of your uncle may sell the property after the division of the property. Your query is vague. The will shall be registered before the Sub Registrar concerned but not the Tahsildar.

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