roy (mr) 05 September 2014

Mutation vs title

My grandfather passed away with will. One of uncles was able to get his land divided amongst brothers and gave my father mutation certificate. However, he refuses to give him the registeration papers.

Now my father wants to sell his portion of the property to a 3rd party. I guess he needs to have the title in his name.

Is there any way he can go to registrar's office and get a clean title based on mutation records?

If so, where does he have to specifically go and any idea how long the process can take.

Reply Follow

1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 05 September 2014

Supreme Court has emphasized the need of a valid Title Document and its further Mutation:-

As per Supreme Court- "the sale transactions carried out vide General Power of Attorney will have no legal sanctity and immovable property can be sold or transferred only through registered deeds i.e Sale Deeds.

The Apex Court further held that:

"Transactions of the nature of `GPA sales' or `SA/GPA/WILL transfers' do not convey title and do not amount to transfer nor can they be recognised or valid mode of transfer of immovable property.

"The courts will not treat such transactions as completed or concluded transfers or as conveyances as they neither convey title nor create any interest in an immovable property.

"Such transactions cannot be relied upon or made the basis for mutations in municipal or revenue records."