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kamalakar sawant (director)     23 February 2012

Law of limitation

What is the time limit to claim land or apply for mutation once the land is baught and registered the deed in1961 as per law in maharashtra

Thanks

K Y Sawant



 3 Replies

Ibrahim Deshmukh (Legal Consultancy)     23 April 2012

Dear Mr. Sawant

Under Maharashtra Land Reforms  Code 1966 , "Land Records" means records maintained under the provisions of the said Code by the Revenue Dept at various levels i.e. at village level by Talathi, at District Level  by District Inspector of Land Records  and at State level, by the Director of Land Records and Settlement Commissioner, Maharashtra State, Pune.

As per your query the sale deed was executed and registered way back in 1961 and Mutation i.e. replacing of names of the then-buyer did not take place i.e. changes in the record of rights which is done by the Revenue Officers under section 148 to 151 and 154 of the Code could not took place.  Questions arises here  who is in actual occupation of land at this stage? If the then-buyer is in actual possession as on today then the course of action shall be simpler compared to other complications.

Your query is silent on this crucial point; please make your query more clearer so the members can contribute effectively.

Ibrahim Deshmukh
Legal Consultant
Email: ibdesh@gmail.com

kamalakar sawant (director)     04 July 2013

Dear Sir,

Thanks for response.

In 1961 there were 3 owners' land being ancestral property. One of the owner, an HUF member sold some part of the land to third party say " A " and registered the deed. Neither the mutation entry was applied for nor the land possession was taken by A .

In 1991 the entire land was sold to B by the two remaining members of the family and son of the deseased third member who actually had sold part of land. This transaction was not known to any of the descendent family members as well as those who are alive  hence they sold entire land to another party "C" who took possession and land got land recorded aafter measuring officially

In 1992/93 the son of the buyer " A "  say " C " objected and appealed in Revenue court as well as civil court and lost  in 1998.

However in 2012  son of " C " filed similar case in same court. This " C " was major at the time of suit filed by his father dissmissal of the suit in 1998.

Accoding to me this suit should have not been entertained at all because as per HUF the part of land by afamily member can not sell without the consent/ knowledge or partitioning. ANd Suit is time barred.

 

Thanks

Pl advise.

 

Kamalakar

kamalakar sawant (director)     04 July 2013

Dear Sir,

Thanks for response.

In 1961 there were 3 owners' land being ancestral property. One of the owner, an HUF member sold some part of the land to third party say " A " and registered the deed. Neither the mutation entry was applied for nor the land possession was taken by A .

In 1991 the entire land was sold to B by the two remaining members of the family and son of the deseased third member who actually had sold part of land. This transaction was not known to any of the descendent family members as well as those who are alive  hence they sold entire land to another party "C" who took possession and land got land recorded aafter measuring officially

In 1992/93 the son of the buyer " A "  say " C " objected and appealed in Revenue court as well as civil court and lost  in 1998.

However in 2012  son of " C " filed similar case in same court. This " C " was major at the time of suit filed by his father dissmissal of the suit in 1998.

Accoding to me this suit should have not been entertained at all because as per HUF the part of land by afamily member can not sell without the consent/ knowledge or partitioning. ANd Suit is time barred.

 

Thanks

Pl advise.

 

Kamalakar


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