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Saikat (B Tech)     14 January 2011

Mutation

is mutataion a must after buying some land?if we dont apply for mutation for more than a decade  after buying and then the seller again sell the same property to another party,then who will be having the legal claim over the land?



Learning

 10 Replies


(Guest)

THE SAID ENTRY ON PROPERTY RECORDS IS PROOF OF OWNERSHIP OF SAME.IT IS IN THE INTEREST OF SAID PURCHASER TO GET HIS NAME ADDED ON PROPERTY RECORDS .IN CASE IT IS NOT ADDED THEN THE PREVIOUS OWNER AND IN CASE HE IS EXPIRED THEN UNNECESSARY LEGAL BATTLE WILL START TO PROVE OWNERSHIP IN CIVIL COURTS.GOOD LUCK.

niranjan (civil practice)     14 January 2011

As per the Land Revenue Code, the Sub-Registrar has to send the index of transfer of property and d Talati has to make entry accordingly after giving notice to the seller and purchaser and so the purchaser is not bound to inform talati for mutation,but this procedure is not practised and so multiplication of proceedfings takes place.


(Guest)

I agree with Niranjan.

by revenue provision Registrar duty to furnish sell- purchase land details with document for mutation to regional Tehsildar .

But this is india, sometimes in some place/city  buyer have to run for this work.

But if saller sell the said property to another. He done crime under IPC and you can register the FIR against him  for cheating as well as others section of IPC.


(Guest)

Dear Saiket becouse you the previous/first buyer of said property so you are the legal owner of said property and have the legal claim on said land.

rajeev sharma (Advocate Ex senior manager law )     14 January 2011

mutation is simply crrection of govt records for the purpose of collecting revenue. it does not conferr any title. however it may be read as evidence of title.

Arvind Singh Chauhan (advocate)     15 January 2011

I agree with Mr. Nranjan. Follow Advice of Prajapati Sir. File an application under RTI that why the land could not be muted?

Saikat (B Tech)     15 January 2011

first I want to acknowledge my hearty thanks to all of u for giving ur kind opinions.

 

the fact is those persons who had sold the property to us back in 1997 have passed away.now his legal heirs have sold the same property to govt of west bengal for a coal mine project by 2007.my father and his friend had bought this property as i mentioned earlier,from 2 brothers.from that time the land is in our possession.I admit that they should had gone for mutating the property but due to neglegence they dint do that.but recently after hearing some rumors that their heirs had sold teh property again,we applied for mutation and my father's 50% has been acceepted and its now on my father's name.so mutation on our part has been done in 2010.but still that said coal mine people are claiming their right over the land.

so kindly letme know if their is any probability of losing the right over the land.

u may check this thread.there i dint get any reply so posted it here again

 

https://www.lawyersclubindia.com/forum/LAND-AQUISITION-29946.asp

 

Isaac Gabriel (Advocate)     15 January 2011

Prefer claim to the acquisition ahtority for the share of your father on the basis of the documents with legal heirship documents, which could be precessed and granted.

niranjan (civil practice)     15 January 2011

I agree with Mr. Isaac. You may enquire with the acquisitioning authority. The landlord appearing in the entry must have obtained compensation,if so how much.Then you will have course of action to follow.

Saikat (B Tech)     16 January 2011

But I want the land back.I have paid revnues for that land til last year.And it is in my possession.

please help me  if there is any way to get the land back.its very necessary to run my own business.

 

if possible then give me references to previous such cases if u know.

Thanks in advance


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