Upgrad LLM

purchasing bllr property in kolkata and mutation aconversion

We (me and my uncle) are in the process of purchasing land in Kolkata, WB for which details are given under. My queries will follow.

1. The land is currently under KMC since 1984, but a large portion of the whole ward number 58 has no municipal Services and is not in the records of KMC. The landlords have been paying Khajana up till 2010 in the BLLR office near Kasba and a search in KMC returned no information.

2. The original landlady (mother) got possession via a High Court Partition Order in 1956. It has been under lease to my uncle (with whom I am purchasing this land) since 1972, that expires next year. She has since passed away and there are 9 heirs. The data at BLLR still has the landlady's (mother) name and the taxes were paid in 2010 in her name, although she passed away a few years ago.

3. The land is in 3 Dags and one of the Dag is mentioned as Pond (Pukur) in the parcha from 1966. We will be having 3 different sale deeds for each Dag. So the pond will be exclusively in one Sale Deed.

4. Our Sale deed will be signed by all 9 heirs and it will be mentioned that they are the only legal heirs.

Now my questions:

1. Since the whole Ward came under KMC in 1984, Do we need to file for mutation in both BLLR and then KMC? If No, what is the benefit/loss in filing for mutation only in KMC?

2. Regarding the heirs, there is no other document as there is no will. The original documents and latest khajana was paid in the mother's name (who is dead now). Is there an issue with this? Will there be problems during mutation?

3. Regarding the Pukur: It had been filled long ago (though no construction is on it) while it was a leased to my uncle more than 40 years ago. Will it be possible to file for conversion? Is it better/easier to file for conversion in BLLR and then KMC?

We are also looking for a local advocate who is experienced in such type of cases and is reasonable and honest, to help us navigate this purchase. Any information would be highly appreciated.


In addition I had one more question. Since 2004, my uncle let a friend occupy the premises and carry on his (the friends) business of exports. This was a complete verbal agreement with no documents exchanged. The friend paid a monthly rent and is up to date on that. He has nothing written with him.

The question is: We have a RCC structure in which the ground floor is occupied by the friend's business and the first floor by us. We want complete possession of the land. What are the problems we can face in getting back possession of the land if the friend is not co-operative?




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