Cancellation of mutation entries
Mohammed Rizwan Shaikh
(Querist) 01 June 2015
This query is : Resolved
Hi Experts,
A company purchased an Agricultural Land in Mumbai-Maharashtra, the directors of the company are not the farmers, the company did not get the certificate from the farmers before purchasing the property. Now the 7/12 extracts and Property Card has the bears the company's name, but the land is in possession of Mr. X in spite of the sale between the land owners and the company.
How can the mutations entries be cancelled?
Is the purchase legal or illegal?
Who is at the fault Land-Owner/ Company/ Tehsildar or the Registrar as he registered the documents of title without verifying the documents, Can Mr. X file an FIR against them?
Regards,
Rizwan Shaikh
P. Venu
(Expert) 01 June 2015
Who is Mr.X/ How he has come in possession?
Mohammed Rizwan Shaikh
(Querist) 01 June 2015
Namaste Venu Sir,
Mr. X was in possession of the land since 1971 and the company purchased the land in 2006
Regards,
Rizwan Shaikh
T. Kalaiselvan, Advocate 
(Expert) 09 June 2015
The company after purchase of the land has duly transferred the revenue records on its name though the physical possession was with the vendor. For conversion, the company can apply for NA conversion even now and also can issue legal notice to X to vacate the illegally occupied property, if the X is not obliging , an ejectment suit can be filed against him.
Mohammed Rizwan Shaikh
(Querist) 10 June 2015
Many thanks for your reply. But, Sir, how can the land be sold its an agricultural land and the companies directors are not farmers. The land is in Mumbai- Maharashtra sir.
Regards,
Rizwan Shaikh
T. Kalaiselvan, Advocate
(Expert) 12 June 2015
The brokers or the document writers who help registering the sale deed generally suppress the material necessary to register the deed by bribing the concerned authority therefore such fraudulent transactions go unchecked. It is no surprise especially when the registrar has around 100 cases to be registered on that day, he cannot scrutinize the details very minutely so the lapses can occur.
