Sundesh Kumar (IT ) 27 December 2010

Name mismatch in mutation copy

I have found property in suth bangalore and applied loan in bank. It is a 30X40 buildup residence house, and age of the property is approximately 9 yrs. After getting legal opinion from bank lawyer, bank asked to do title search of the property.

Name mismatch has come in mutation copy of the mother deed. Actually owner of the mother deed had 4 quntas of land. After the owner's death, propertty title was changed to his wife and his three sons. While transfering the property title in the name wife 1st son, 2nd son they have given correct name ( which is registered as per govt norms) but it was by mistakenly written nick name of the third son insteed of writing original name. They above said 5 qunatas of the land converted as a residential layout and it was sold to many people.

The property which I am going to buy 30X40 totally 1200sqft comes under the above said 5 quntas of the land, Mother deed owner's wife and his three sons sold the property to second owner @yr 2000 and Second owner sold same property @year 2003 to third owner. ABN AMRO bank funded this property in year 2003 to third owner also the third owned cleared the loan which he was availed from ABN AMRO bank. Now third owner selling this property to me.

Now my bank lawyer is asking clearity on mismatch of the name ( 3rd sons name) in mutation copy. The propety third owener and second owner doesnt know about it. We searched the first Owners house and to get clarification and to get affidavit from the 3rd son, but they are not living on the address which they have mentioned the address in sale deed. Kindly suggest me how to proceed further for this case,.

So Bank lawyer asking clearity on mismatch of the name in mu

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3 Replies

Bhawani Mahapatra (Law Officer) 27 December 2010

Dear Sandesh

It is better to take an affidavit from the co-owner whose name is wrongly spelt in the R-O-R and submit it to the Bank. If they admit it then ok.

Even if they deny to accept it, the co-owner whose name is wrongly spelt may apply to the Tahsildar or the Revenue Authority who issued the R-O-R, for making necessary correction after observing due formalities.The R-O-R thus obtained is acceptable everywhere.

Sundesh Kumar (IT ) 24 February 2011

Hello Bhawani,

Thanks for your reply, My case is still pending in bank. As you said, First co owner of the above said property changing his name in R-O-R and mutation register since it is wrongly spelled out in doc, also we are getting confirmation deed from wife of First owner. As per RTC and mutation register property has gone to First owner's wife and his three sons after first owner's death in year 2001. This property land contains more than 5 acres. They made layout for resisdentional sold most of the sites also bank has proviede the loan in that layout.

As per the family tree of the First owner, he has living wife, three married daughters and three married sons. Please whether confirmation is required from all the three daughters of first owner though their name is not reflecting in ROR and mutation register. Kindly advice us.

Thanks and Regards

Sundesh Kumar

Rakesh Dhaka (Ex-Army Havildar) 20 March 2011

It is a normal matter.Registrar can correct the same in a single day.Like Rajesh allias Rakesh and Rajesh S/O A and Rakesh S/o A are the same and one person.