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sudhi raj f (officer)     19 October 2010

Mutation of Land


In the year 2006, our uncle wanted to sell more land and we have objected the deal. Then he agreed to give us the portion of land which we are cultivating. Subsequently Sale deed was signed in Sub-Registrar indicating our share and remaining land for purchaser. In sale deed our side is indicated as “Consenting Party”.

We have submitted the file for mutation, but mutation Talathi did not consider our mutation file because “Consenting Party” can not be recorded in mutation and directed us to get Court Order.

We have put the appeal in Civil Court to record our name as co-owner. Subsequently court Summons all the persons to present in Court who have signed the Sale Deed. All the persons given their No Objection for the Suit and Court given the Decree in our Favour to record the name in land records as C-Owner of land as indicated in Sale Deed.

Other parties in the Sale Deed have got the mutation done and they have recorded their names in Form I & XIV as per sale deed land allotted.

We have submitted the Court order copy for mutation of land and subsequently Mamlatdar issued notice to our uncle for any objection for mutation. Our uncle submitted his objection for mutation. 2 hearing already over and our uncle have not submitted any documentary evidence for objection. Next hearing is scheduled on 21.10.10.

In what way he can object our mutation. Please let me know his objection is valid. If valid, what action we can take further. Can we cancel the Sale Deed, 7 persons have purchased that land and recorded their names in Form I & XIV.

Regards, Suraj


 4 Replies

prof s c pratihar (medical practitioner &legal studies)     19 October 2010

if it is a family settlement it is to be attested by bllro/dllro.first to be ascertained whose property is this?where is the official record?if every thing in order nobody can stop mutation.,order of a competent court to be complied with unless appeal against.any body can submit objection but that must be in accordance with pray for enforcement of the order passed by ld court

1 Like

abhishek (law )     23 October 2010

You had  mentioned that when u had filed the civil suit ur uncle was party to that suit . he is party to the suit he has no right now to file objections regarding this court order. and if the revenue recorder/ patari not entering ur mutation u can file an application for contempt of court against that mamlatadar not following the court orders.

SACHIN AGARWAL (ADVOCATE)     26 October 2010

Since your uncle was also the party in Appeal and he has admitted the facts in your favour as such now at this later stage, he cannot withdraw his admissions. You can pray for the enforsement of the Order passed in Appeal. You would certainly get success.

Sagar Dasgupta (hr)     27 May 2011

Dear Sir,


I have some queries regarding mutation of land! My parents had purchased a flat from our previous landowner,in whose house we were staying as tenants. Our land measured 770 sq feet which included a garage which served as a workshop for mmy dad. While taking NOC from us the landowner showed us a site map where he promised to give us an flat measuring 460 (Carpet area) sq feet and also stated verbally (not written) that he would include the garrage as this was the place of income for my dad. When we actually got the flat it measured 404 sq feet (carpet area) and we also discovered that he did not pay the money he took from us towards taxes, which has been due. He took this money from all the flat owners and did not pay the same. In this context I would like to ask (a) can we include the garrage while applying for mutation as we have not received the area (carpet) that we were promised and (b) how can we go ahead and do the mutation. It can be noted that the landowner has died and his brother tried to place a new paln to the corporation without our NOC. He is even trying to sell off the parking place to people apart from the flatowners without their consent. Will truly appreciate if you can kindly help.Are ther any lawyers or association who can guide us. living from hand to mouth we will find it very difficult if we are not allowed to get the title of the garrage (workshop) Please help 

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