change in name on muncipal records & sale thereon- legal??

Querist : Anonymous (Querist) 15 March 2010 This query is : Resolved
if a person has handed his property in sum body else custody for 4 years and had no news form the owner, then can he by getting himself on the municipal records sell that property legally?

what would be the consequences on the person who buys the property consequently if the owner comes thereafter and claims his right over the property?

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Raj Kumar Makkad (Expert) 15 March 2010
Such sale is entirely an illegal act on the part of custodian and strong legal action criminal as well as civil can be initiated by such owner against him as well as against buyer. The person purchasing the property should obtain search report of last 30 years before purchasing any such property.

Querist : Anonymous (Querist) 15 March 2010
thanku Raj Kumar sir...

1) but i would also like to know the status of the person who subsequently buys the property..as in..will he be having any right over the property so bought against the person who effectuated the sale??

2) also what will happen if the person purchasing the property knows about such an act on the part of the seller...and entered into sale believing the municipal records irrespective of the intentions of the seller.

3) is this change in name on municipal records known as mutation?? what is itz legal status??

niranjan (Expert) 15 March 2010
Name in the municipal record does not confer title they are only for purpose as to who is resposible for paying the taxes.So you can understand the consequences.

Parveen Kr. Aggarwal (Expert) 15 March 2010
It is settled law that Municipal records are not documents of title and are maintained only for the purpose of collection of taxes etc. For owning an immovable property one has to have document of title evidencing conveyance of the title by some authorised person having ownership thereof. Execution of sale deed by a person having no title conveys no title and the buyer gets nothing. The status of a person would be that he will not be owner of such property.

It is also settled law that the purchaser must be vigilant and should make reasonable inquiries about the defects pertaining to the property including the entitlement of the person conveying as a prudent man is expected to make (Caveat Emptor). A person purchasing property without making proper inquiries is himself responsible for his negligent acts. When municipal records do not confer title then, banking upon the municipal records only, cannot be said to be an act of prudence.

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