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Surya (ZZZ)     05 August 2012

Can mutation entries establish the rights of title?

I have been told recently that Mutation Register entries or the revenue records cannot establish the rights to the title to an individual.

In this case, I am the purchaser making a due diligence on the property titles.

Observation: The Seller has inherited the property from his mother, whose siblings were only daughters. I understand all the other sisters have given the rights to his mother through revenue form 21, which is documented in the mutation register and subsequent order passed by then thashildar and village accountant. Sellers mother has further distributed her assets among her sons. And seller is in occupation of the said land since 25 years paying the tax.

Hence can the mutation register entries establish the rights on the title for him sell, if not your suggestions please?

Thanks.



Learning

 7 Replies

sushil mathur (advocate)     05 August 2012

Infact mutation entries are entered in an annual register which is also known as RECORD OF RIGHTS which is nothing but a RECORD OF TITLES. henceforth your problem. O.Kay.

Arvind Singh Chauhan (advocate)     05 August 2012

Legally mutation is only a fiscal proceeding and does not confer title. But Generally who has been recorded as owner of the land and is in possession of the land and depositing the land revenue, may sell, if he has been recorded with transferable right. If you are confused you may ask him title certificate of that land.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     05 August 2012

1. As you said correctly mutation is not a guarantee of perfect title.

2. I have serious doubts whether NOCs/Form 21 is sufficient in itself to extinguish their rights in the property.

Surya (ZZZ)     05 August 2012

@ Sushil: Thanks for your reply. I can confirm the RTC for the survey number carries his name and have accessed 30 years entries.

Surya (ZZZ)     05 August 2012

@Arvind: Thanks for your advice. can u please clarify title certificate, is it some document we can  request from any office?

N.K.Assumi (Advocate)     06 August 2012

Title certificate or escrow or Title investigation report is usually prepared by a lawyer. It is a bundle of rights commencing with the source of rights from the roots of the property and how it devolved with the ownership of the person to date. This title certificate is very important to financial company/corpotration, insurance company, private ownership of immovable as well as movable property etc.In my experience this title certificate is not taken seriously in the country, but in other country it is. Remember the British pop group "The Badfinger" who nearly over take the Beatles and the Rolling Stones in those days, but the group became the world most tragic pop group in the world leading to suicide of the two lead singers after they lost the Title report of their assets.

Surya (ZZZ)     08 August 2012

To get around the problem of GPA, Relenquishing of deed etc. i have been suggested by my friend to include all the other interested parties as concerned witness in the registration deed. hence question, can anybody suggest on this from the legal.


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