Court Decree on land mutation
Querist :
Anonymous
(Querist) 16 October 2010
This query is : Resolved
Respected Sir,
We are cultivating some portion of land, which is in the name of my Uncle (under Form XIV). We have asked several times to our uncle to give us our cultivated portion of land, but he is neglecting to give us. Our uncle has sold around 6000 Sq. Mtr. of land to others without informing to my father.
In the year 2006, our uncle wanted to sell more land and we have objected the deal. Then he agreed to give us the portion of land which we are cultivating. Subsequently Sale deed was signed in Sub-Registrar indicating our share and remaining land for purchaser. In sale deed our side is indicated as “Consenting Party”.
We have attached the sale deed for mutation, but Mutation Talathi did not consider our mutation file because “Consenting Party” can not be recorded in mutation and directed us to get the Order from Court to record your name as co-owner. We have put the appeal in Civil Court and subsequently court summons to present in court all the persons who’s named are indicated in Sale Deed. All the persons given their no objection for the suit. We have got the Court Decree in our favour to record the name in land records as Co-owner of land indicated in Sale Deed.
Other parties in the Sale Deed have got the mutation done and they have recorded their names in Form I & XIV as per sale deed land allotted.
We have submitted the Court order copy for mutation of land and subsequently Mamlatdar issued notice to our uncle for any objection for mutation. Our uncle submitted his objection for mutation. Mamlatdar called for hearing the objection on following dates.
Hearing No. Date Time
1 20.09.2010 3.00 PM Copy of Court Decree requested by objector and same is handover
2 11.10.2010 3.00 PM Objector requested one week time for submitting the objection. Mamlatdar granted one week
time, next hearing scheduled on 21.10.2010
I would like to know whether his objection is valid or not. If valid what we can do further.
Regards,
Suraj
Kirti Kar Tripathi
(Expert) 17 October 2010
The required procedure is being adopted by the Mamlatdar. there is nothing wrong. since, you have the judgment of civil court in your favour, your name would be recorded in revenue records, in case, the judgment has not been challenged by the other party.
Querist :
Anonymous
(Querist) 18 October 2010
Respected Sir,
Thanks for your prompt response for my query. Pls. let me know If my uncle challenged the judgment in Court, what action we have to take, it is possible to cancel the sale deed which was already registered in Sub - Registrar. With that sale deed already 7 purchasers have recorded their name in Form I & XIV.
Regards,
Suraj
