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samudra (Retired)     28 December 2008

Property

Family member"X" agrees for a settlement with "Y". As per agreed terms the "Y", applied for the Mutation. During the process"X", retracted/ not co-operating for the process to continue. On the request of "Y", the  Revenue Authorities to served a notice on "X". The following reply is given by "X":
   

       "With reference to your above referred notice on the basis of alleged claim for succession by"Y".I am to state that the application of "Y",if any,filed by her is not sent along with notice to enable me to give a reply. You are supposed to send a copy of her claim petition along with notice. In the schedule typed in the notice, the basis of the claim is not mentioned.

      We request you to give a copy of petition to enable us to reply.
     
      Thanking you Yours faithfully,

sd/- by"Z"***
         ( "X") "
   *** Note: Here the letter is sighed  by, Son of "X".



                      Under above condition, what should be the action, to be taken by "Y"/Revenue Authorities?

        Kindly Member of Lawyer forum,with Revenue Knowledge to help me in the  matter please.


Learning

 5 Replies

sanjeev murthy desai (Advocate)     30 December 2008

Hi,


Objections to the entries made in the mutation register may be preferred with in 30 days. After said dispute shall be entered in the register of disputed cases maintained in perticuler registered as prescribed by the law and they shall be disposed after the enquiry held by the concern officer. That enquiry shall be oral and held in Public. Thereafter they have to dispose the according to their enquiry. 


sanjeev desai.


 

Rathnakar P V (civil engineer)     30 December 2008

Dear Sanjeev Garu,


         Thank you very much for your reply.But i did not follow/understand the reply given by you.


    Here Mutation process has just started.A notice was served on the person "X", to appear for hearing. Just 2 days prior to the due date for hearing he had given the above reply!


     What is to be done now?

Rajeev S Vadrali (n/a)     30 December 2008

u have not clearly stated the nature of agreement, whether it is registered settlement deed or not  once case is before the revenue authrities it will be treated as RTS cases.  No petition copy will be supplied to the opponent because application given by the person who has given for mututation only on that application notice will be sent to the opponent .  Opponent can go thru, the application in the revenue court only

sanjeev murthy desai (Advocate)     30 December 2008

I Agreed with Mr. Rajeev S Vadrali,


sanjeev desai

samudra (Retired)     30 December 2008

Sirs,


  Thank you very much.


     It is an Oral agreement .


             He( "X") promised to co-operate for Mutating the Property  on the name of "Y".Then only the application is drafted and submitted to Thasildhar, enclosing  the necessary/relevant documents for Mutation of land.


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