mutation
awadhesh khadiwala
(Querist) 24 July 2011
This query is : Resolved
sir, A purchase agricultural land in U.P. in 1955 but didn't get mutation on
revenue record but A has possession on the land .seller of the land died .
grandsons of the seller recorded as legal heirs through registered will but
there is no mention about the number of land in the will . draft of the will
shows that my rest properties will go to my grandson after my death .can grandson
of the seller resale the land held by A to another person ? please cite case law
in favor of A.
Awadhesh Kumar Gupta
Sajeev Menon
(Expert) 24 July 2011
He cant sell the property as the title is already in your name.If a person doest have clear title, he cant assign any right to the subsequent person by any deed.
If the number or description not mentioned in the will wont make any right other than the right possess the testator.
R.Ramachandran
(Expert) 25 July 2011
Even now you can get the mutation of the property in your name on the basis of the Registered Sale Executed in your favour in the year 1955.
Get this done without wasting any more time.
In the absence of such a mutation in the records, any search of the records for encumbrance will only show the name of the Seller as the owner. Then with such revenue records and with the support of the Will, the grand son will easily be in a position to convince any third party that he is the owner of the property and sell the same. Then it will be a tussele between you and the third party who purchases the property.
Therefore, immediately get the property mutated in your name.
