Reversal of Mutation in Property Card
Satendra Mane
(Querist) 25 November 2010
This query is : Resolved
Ours is an undivided ancestral property ,
My grandfather had 3 daughters.
my grandfather had 50% and the other 50% was with my eldest aunt.
My grandfather passed away in 1987 and my eldest aunt passed away in 1984, she had no children or will.
My mother and her sister are the only surviving members, my aunts children sold their property to a builder in 1988 claiming 50%.
This builder has made changes to the 7/12 extract adding his name as 50% owner , without adding our names, no notices were serviced or ever sent out from the CTS office. There was also no family arrangement with regard to my aunt
If I want to reverse this mutation in the property card , whom should I approach, is it the collector's office and what is the process I should follow?
adv. rajeev ( rajoo )
(Expert) 25 November 2010
You have to file CTS APpeal before the Deputy Director of Land Records. Regrading this please make an inquiry with the local advocates because it differs from state to state
R.Ramachandran
(Expert) 25 November 2010
Dear Mr. Satendra,
Clear certain doubts before any answer could be given:
(1) You say that it is an undivided ancestral property. You also say that your grand father had 50% and your aunt had 50%. If it is an undivided ancestral property how can your grand father and aunt could have 50% in it. Do you mean to say that while the property was in your grand father's name, the physical possession was 50% with grand father and 50% with your aunt? Clarify.
(2) You say that your said aunt who was childless died in the year 1984 (i.e. pre-deceased your grand father). But you also say that 'my aunt's children sold their property to builder in 1988' - Do you mean to say that the children of your mother's living sister?
(3) Whether the remaining 50% is with your mother?
(4) If your grand father had 3 daughters (of which one has died childless) and only your mother and your aunt are alive, are they not entitled to 50% of the property left behind by your grand father? If out of that 50% has been sold by your aunt's children and remaining 50% is with your mother - what is your objection - why do you want to have the mutation in favour of the builder reversed?
Kirti Kar Tripathi
(Expert) 25 November 2010
I agree with Ramchandra. Your query is not clear, unless clear picture is not come. any answer in this shall be of no meaning.
Satendra Mane
(Querist) 25 November 2010
Thank you Mr Ramchandra,
(1)The property was in the joint names of my grandfather and aunt, in the ratio 50:50.
(2)Yes the children of my mothers living sisters sold their share.
(3)After an RTI at the CTS office, I found that there were no notices issued,all notices were suppressed and mananged, the Indemnity bond by the builder stateded incorrect facts ,I have no objection to the sale, except the fact if due procedure was not followed by the builder now then I fear later what else might take place.
