Mutation of land bought u/s 143 of up zamindari abolition and land reforms act
Azeem
(Querist) 02 August 2016
This query is : Resolved
Dear sir,
I have bought a factory land in UP which was converted u/s 143 of UP Zamindari abolition and Land Reforms act by the previous to previous owner. The previous owner had only done the sale deed and no mutation when I had bought from him. Now I am planning to get the mutation done. As per online records, Bhulekh, the land is still being shown in the name of the previous to previous owner. Would you please let me know the following:
1. Once the land has been converted u/s 143 as Industrial land, is it still necessary for me to get its mutation done?
2. After mutation, will I be able to see my name in Bhulekh records or does it show only agricultural lands?
3. After being declared as an Industrial land, now whose jurisdiction will the land come into? Municipality or some other body?
4. A person told me that the previous owner had paid less stamp duty. He paid it as per the Bigha calculation but since it was 143 converted, it should have been as per yards calculation. Is it true? Now am I liable to pay the extra stamp duty along with the fine?
5. Will a new sale deed need to be executed to pay the additional stamp duty and only then the mutation will be possible?
6. A person has also told me that mutation is not needed now since the land is no more an agricultural land. Is it true?
I feel uncomfortable to ask so many questions but the answers from a trustworthy member like the experts in this group will really clear up a lot of my doubts.
Thanks in advance.
Azeem
Rampur (UP).
Kumar Doab
(Expert) 02 August 2016
'Buyer Beware'!
Holds true in property dealings.
The record of ownership is also maintained by the authority under whose jurisdiction the property falls.....e.g. Authority for Industrial Plots/area.
You could have asked the seller to submit the copy of sale deed ( issued by registering authority) to Authority for Industrial Plots/area.
Usually there is a precedence/procedure for NOC/NDC, before registering sale deed.
Likewise you may submit the earlier sale deed and sale deed showing sale deed to you to Authority for Industrial Plots/area.
If the Land has been converted as prevailing rules to Industrial Plots/area, then your ownership should feature in SRO and in records of Authority for Industrial Plots/area.
Stamp duty and other evasion, if any, you may discuss with your able counsel specializing in revenue/property/civil matters.
Rajendra K Goyal
(Expert) 02 August 2016
Land is state matter, show all documents to local lawyer and discuss.
Rajendra K Goyal
(Expert) 03 August 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Mutation-of-land-bought-u-s-143-of-up-zamindari-abolition-and-land-reforms-act-610356.asp
