Rejected Mutation of a residential building.

Querist : Anonymous (Querist) 01 August 2011 This query is : Resolved
Date: 1st Aug. 2011
Respected Sir/Ma’am,
My uncle remarried after death of his first wife. Uncle and his second wife have married through court marriage. He has with his first wife one married son and two married daughters. The daughters stay away with their husbands and the son is forcefully staying with his family in the same house where my uncle and his second wife are staying.

Uncle has lawfully registered (gifted through proper court deed) his land and the house to his second wife and he wishes that municipality must mutate the said house (residential property) to his second wife.

The land and the house are self earned properties of my uncle. Uncle was the sole owner of the said entire property before the said registration. And neither his first wife nor his children are co-owners of the said properties.

But the municipality including its Chairman, Vice Chairman and Councilor of the concerned ward (in West Bengal) is not mutating the house to his second wife and even it is not giving any reason officially (orally or in writing) for not mutating the house to the name of his second wife. Rather, the municipality is asking them to go to court whenever my uncle and his second wife approach to the Chairman of the municipality for the same.

Unofficially uncle has come to know that the said son (with some other) has given mass petition against the mutation to the municipality.

My uncle has made several requests for the mutation to the Chairman of the municipality and to the D. M. of the concerned district; even he has submitted a simple self written no objection certificate to the municipality together with many applications for the same. Even an official application of mutation and necessary documents has been sent to the chairman through registry post with (received) acknowledgement.

At last they have used the Right to Information Act through proper way to know why the municipality has rejected the mutation and the response is still to arrive.

Already seven months have been passed since the property was gifted (that is registered).

Additionally, the son had not let them to enter their own house after the marriage and so they had to get a court order in order to enter to the house. Even the son and the daughters are tormenting then always for which a court case has been initiated and police report is positive.

Please tell that what should be done for a successful mutation. And what more difficulties and challenges (in this matter)are to be faced by my uncle and aunt and what are the remedies. Also how long it can take.
Thank you.

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R.Ramachandran (Expert) 01 August 2011
Since the Municipal authorities are acting illegally by refusing to or delaying the mutation of the property, you have to file a writ petition before the High Court to get the mutation effected.

Raj Kumar Makkad (Expert) 02 August 2011
File a civil suit after serving municipal authorities and DM with a legal notice under section 80 of CPC.

Shailesh Kr. Shah (Expert) 24 August 2011
According the West Bengal Municipal Act,
1993:-
"no suit or proceeding shall lie in any civil court in respect of any matter".
So, you have to file a writ petition.

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