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Manu Pandey   11 April 2023

Property Purchased and mutation pending due to objection by legal heirs of seller and stopping cutting crops

Sir,
My mother purchased an agri land from an old man living separately from his Family. He was only son expired five year ago and his daughter in law seprated him from her house and old man alongwith his wife were living separately.
Whan we purchased land, the grandson and daughter in law of seller file an objection before SDM for not doing mutation and same is pending before court.
the said land was sown by my mother and when we are going for cutting our cropps they threatened us for police complain and start making false allegations.
Kindly suggest remedial actions we can sought to get our crop cuts.
the land were purchased in ballia district UP.


Learning

 9 Replies

T. Kalaiselvan, Advocate (Advocate)     11 April 2023

If the property was purchased by a registered sale deed then she can take the assistance of police by giving a complaint for protection against their threats. 

If police is not cooperating then she can approach judicial magistrate court with a petition under section 156(3)Cr.p.c seeking to direct concerned police to initiate legal action on the complaint pending before them. 

 

Siddharth Srivastava (Advocate)     11 April 2023

if property is in the name of seller and land is purchased by your mother through sale deed then nobody can raise objection of any kind. objector can approach court but cannot intervene in enjoyment of land nor can resist from cutting crop by you. Being bona-fide purchaser your rights are protected. report the matter to police abs file injunction suit against erring persons.

Manu Pandey   11 April 2023

Sir, The opponent and police personnel say that though mutation is not completed, my mother can't use the land.
According to them, Sale deed is not sufficient for police intervention.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 April 2023

Mutation of land in Uttar Pradesh is done under Section 34/35 of the Uttar Pradesh Revenue Code, 2006. Land ownership is changed through Sale Deed but the entry of ownership in the revenue records is called Mutation,”

Siddharth Srivastava (Advocate)     11 April 2023

Mr. Manu, under transfer of property Act sale is complete on execution of sale deed between the seller and purchaser and also when under sale deed the possession of property is handed over to buyer by seller. So as per law sale is complete and mutation is merely entry of new owner in land records. So the opinion and objection of police is legally incorrect. Even it is jurisdiction of civil court only to decide the objection of grandson and grand daughter and SDM court has no jurisdiction.

Dr J C Vashista (Advocate)     12 April 2023

Sale deed and mutation of sale transaction are two different concepts wherein Tehsildar (but not SDM) cannot stop mutation of a sale deed, if valid.

 

harish hari   13 April 2023

https://www.lawyersclubindia.com/forum/land-dispute-with-same-borders-but-mentioned-wrong-survey-number-during-registration--228880.asp

 

can any one review this and suggest

shubham kumar (Advocate) (Advocacy)     16 April 2023

obtain a court order to cut crops, if not cut the crops will wasted. Also file a informatory application before CJM for false allegations.

P. Venu (Advocate)     16 April 2023

It is stated that the matter is pending before the Court. Hence you may file an IA before the Court seeking appropriate remedy to protect the standing crop.


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