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Aravind Kumar (deisgnation)     07 September 2014

Property mutation law in hindu family

Suppose a man A constructed a house in village on his father’s land after his father passed away.(Hindu Family). Inadvertently he encroached some 100 feet in his brother’s portion B. Mr. B helped him in mutation of that 100 feet also but did not inform his wife or kids. The mutation was done at the circle office for the entire portion (A’s share and B’s 100 ft) on which house was constructed.  The house was constructed 12 years ago and mutation was done then only and municipal taxes are also being paid since then. Recently Mr. B’s daughter started demanding her father’s 100ft. She is now behind Mr. A asking him to break the house and give the land or give his son’s flat (owned by A’s son) who lives in city. She is not ready for any other compensation either break the house and give the land or asking ransom which is 10-15 times more than her land cost. Mr. B is now very old and does not remember anything moreover his daughter does not even allow Mr. A to meet Mr.B.  So the only witness for Mr.A may/shall turn hostile.

1.       The mutation was done 12 years ago, property taxes being paid and can now Mr. B daughter go to the court of law and ask for 100 sq. feet for which Mr. A has all the legal documents.

2.       How many years after construction of a house can litigation be made that the land was encroached or the land was illegal?   

CaCan Mr. A go to the court of law and say that the demand made by B's daughter is illegal?

C

 

 



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 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 September 2014

The 100 ft belongs to self acquired by B. So he can do as his like. If the 100 ft land belongs to ancestral property, then B's daughter having rights over it. If it so, she can claim compensation but not breaking house. 

1 Like

Aravind Kumar (deisgnation)     07 September 2014

Thanks Rama. The 100 ft falls under ancestral property but comes under B's share.  The mutation of A share + B's 100ft was done together (by A and B) in A's favor at circle office by the Tehsildaar..

My understanding is that after mutation this becomes self acquired property of A (including 100 ft). Now my questions -

So still B's daughter can claim her rights ?

Is there any time limit to challenge the mutation like 1 year, 5 years, 7 years etc ? In this scenario mutation was done 12 years ago.

Please advise.

Kumar Doab (FIN)     08 September 2014

If property has properly been partitioned by a valid deed………………………..then it should have acquired the status of Self Acquired and owner can give it away to anyone in his life time by a valid means/deed……………………………………………

If it was agricultural land then the local state laws may be looked into too pertaining to right of daughter in agricultural land…………………….

Mutation of land if wrong can be contested and set right by lawful authority, court of law.

 

It shall be appropriate to show all docs on record to a local competent and experienced lawyer handling such/revenue/civil matters and well versed with local/state laws and proceed under expert advice of the lawyer.

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 September 2014

Any party aggrieved by an order of mutation can file an appeal before the Additional Collector (or the Deputy Commissioner) concerned within 30 days of the order.

1 Like

Aravind Kumar (deisgnation)     18 September 2014

Thank you Rama Sir. You have made it very easier for me. In this case mutation was done 12 years ago with the help of the legitimate owner in a very healthy state of mind. 

I would like to understand which section,  clause of Law of mutation states that the aggrieved party can file an appeal only within 30 days.


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