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Surajit das   30 November 2019

CHEATING IN MUTATION by Registrar

sir,
My grandfather gives his purchased property to her two son equally i.e. 7.5 satak each out of 17 satak and 2 satak is retain by him in his own name and it is common area. but somehow my uncle recorded the property in his own name by 9 satak instead of 7.5 satak by giving bribe and without our knowledge.
what we should do in this case.
Our local lawyer says no correction possible.
what actions should I take?


Learning

 4 Replies

Dr J C Vashista (Advocate)     01 December 2019

Move in appeal against the mutation before higher revenue authority.

It is better to consult a local prudent lawyer for better appreciation of facts/documents,  proper guidance and proceeding.

However, if you are located in Delhi and feel so, may contact me (on appointment) with relevant records at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075  Cell # 9891152939 email: majjagdish@yahoo.com or visit at: vakil-saab.com

 

G.L.N. Prasad (Retired employee.)     01 December 2019

1.  Mere mutation or not mutation can not take away the good title of the owner.

2. The proper course is first to file RTI Application and get certified copies basing on which that mutation was done and

3. Then file a complaint to District Revenue Officer (DRO or RDO)   and seek redressal of grievance through making corrections in the record.

4. You can also apply for a survey of land and the expenses are nominal and get a survey certificate from designated Surveyor of your block.

Make a separate file for all these steps, and if all these steps fail, handover the correspondence to local advocate for seeking a remedy.

G.L.N. Prasad (Retired employee.)     01 December 2019

To my knowledge, Registrar can never mutate the property, and can only act on Registered title deeds.  The mutation is generally in revenue records.

P. Venu (Advocate)     01 December 2019

The facts posted do not match the heading. It appears that you have misconceived the facts. It appears that there had settlement of the family property providing eqal shares to the brothers ant retaining a minor portion as common (may be as a pathway or road). In such cases, it is the accepted practice that the common area would be described as part of the share of one person, with the other family members having common access.

The revenue authorities, while carrying out the mutation, based on the deed would record as well the common area as standing in the name of that person. Such entry in the revenue record would not divest the character of the common area.

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