Pushkar (Mr) 14 March 2015

Application for cancellation of mutation

Dear experts,

I am co-owner of proerty owned by 5 brothers. We executed a verbal partition and each co owner has possession of his share. I executed a gift deed of my share in my son's name and mutation was duly carried out.

One other brother did the same and executed a gift deed in his son's name. Now one of the brother has filed application with the tahsildar for cancellation of mutation claiming that no partition was done even though he has built his own house on his share of the land. The tahsildar has ordered that the mutation order will stand cancelled until further orders as this brother has also initiated a suit for cancellation of our gift deeds in civil court.

My question is that can the tahsildar do that without order from the court and against any evidence whatsoever. Can someone please provide me with any citations or any grounds of argument to get the tahsildar's order reversed by filing an objection.

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4 Replies

Subash M R (Advocate) 14 March 2015

You can challenge the same(mutation cancellation) by filing an appeal before the concerned A.C at once.

Thanking you,

Adv Akhtar Ali Sheikh (Property Law Consultant) 15 March 2015

The Mutation cannot be cancelled because you had undivided share in the property and you have every right to part with your share to anybody by gift or otherwise.

T. Kalaiselvan, Advocate (Advocate) 17 March 2015

Since the partition was not properly executed among the brothers, if the same has been objected to by any co-sharer the Tahsildar has right to cancel or withhold the said mutation on the basis of the objection by one of the successors in interest. Now the remedy is to execute a proper partition by dividing the properties among the co-sharers as per their mutual agreement and get it registered after which submit an application for mutation of revenue records on the basis of the registration copy of the partition deed, this will solve the issue.

Nalini Nalini 20 May 2023

Hello,

My father and only have one sister she is married .our property was with my grandfather name .My father's sister raised concern to do mutation.She did it long back .my grandfather no more .

How can it be possible to cancel her mutation permanently .Be a son of my father can i apply cancel on behalf of my family.