Mutation

Is it not adverse possession, Durgadas Sir? how can you vacate him after 20years of uninterrupted possession? Why did you allow him to get the mutation done in his name.. !!?

You should file a suit for declaration of ownership of the disputed land with mandatory injunction for possession.

Sir when did u come to know about the encroachment? if u have land grabbing court in u r place file a case there approach a lawyer in u r locality

Sir, Mutation is not a big issue, u can file Title Suit with recovery of possesion. As far as adverse possesion is concerned hostality is missing. Consult a good civil lawyer.

Sir, I am quoting some facts regarding mutations from judgements "

It is well settled that entries in revenue records do not confer title. Title to a property of a person would not be lost merely because his name is not mutated in the revenue registers. So entry showing the name of a person as owner of the property in the column relating to 'owner' does not confer title on him in relation to that property, if he is not really the owner of that property. Similarly, because the name of an individual is entered in column No.16 of the Pahani relating to 'person in actual possession', when the land is kept fallow or vacant, that entry by itself would not help him in establishing his possession during that year. The question as to who is in possession of a land kept fallow or vacant, mainly has to be decided on title.

Mutation of property in govt.  records are for fiscal purpose that is for collection of land revenue etc, and not for creating or extinguishing title, there must be some title documents for the support.

Getting mutation is different from owning the property. The record of rights entries have no value in case of possession , the only alternative is to file a case and get possession, basing on title. The children can get mutation done in their favor after the death of the father"

"At first, we must understand the object of mutation which denotes to keep the entries in the Records of Rights. In AIR 1996 SC 2823 the legal effect of Mutation is stated as "Mutation of the property in the revenue record will not extinguish title nor has it any presumptive value on title". The entry in Record of Rights is conclusive proof of the correctness of the entry, it has only presumptive evidentiary value which can be rebutted in the Civil Court."

Also u can get lot of judgements based on mutation in indiankanoon.org of various high courts and supreme courts.

Thank you,

Mr.Ashutoshji for giving valuable ruling of Hon'ble Supreme Court regarding mutation entry.

Lnd Mr Durga Das jee I am qouting exceprts/portion of a judgement, which may help u

"

It is well settled that entries in revenue records do not confer title. Title to a property of a person would not be lost merely because his name is not mutated in the revenue registers. So entry showing the name of a person as owner of the property in the column relating to 'owner' does not confer title on him in relation to that property, if he is not really the owner of that property. Similarly, because the name of an individual is entered in column No.16 of the Pahani relating to 'person in actual possession', when the land is kept fallow or vacant, that entry by itself would not help him in establishing his possession during that year. The question as to who is in possession of a land kept fallow or vacant, mainly has to be decided on title.