LAND RECORDS / REGISTERED SALE DEED

kanti kumar (Querist) 30 April 2010 This query is : Resolved
I have a query that there are 2 person A and B , A sells his land in favour of B and B gets his name registered or mutated in the land records(KHATUONI), few years later again B sells the same land back to A with registered sale deed but this time A didnt get his name registered or mutated(KHATUONI) in land records but the registered sale deed is there again few yrs later A sells the land to C and C get his name mutated in records so now the khautoni entry says:-
1. A sells to B
2. B sells to A (missing in khautoni)
3. sells to C

My question:-
1. what is the ultimate proof of sale (registered deed or mutation records)
2. Is mutation of land compulsory or owners choice

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Daksh (Expert) 30 April 2010
Dear Karan,

It is a settled principle of law that mutation is simplicitor revenue record and by any stretch of imagination the entry/or non entry in any revenue record does not conclusively prove or reject the onus of ownership however a registered document as per Registration Act (especially section 17) has got due evidentiary value and emphatically suffice ownership of any moveable and immoveable property.

Best Regards

Daksh

Y V Vishweshwar Rao (Expert) 30 April 2010
Patta is document containing Detailed list of the fields comprising a Royt's Holding as it stood when the patta was drawn up and given to Royt .Although the grant of patta does not give conclusive title to the land .etc it is important to Royt as it gives the full details of his holding and give him information about the amount of land Revenue which has to be apid to the Govt -
>>>>>>>>>>> Reveneu Dictionery- in AP

The Patta nature to be considered . Private Patta lands with alienable rights , sales , gifts , Partition etc and mutation of patta on the basis of such transactions and along with Patta Possesison will be recorded in Pahanies .

Whenever the title / rights / interest in the agri land is changed in favour of other person the mutation of Patta is required

Under AP Rights in land and Pattedar Pass Book Act 1971 the rigths of the parties are up dated and New ROR Title and Pattedar Pass Books are issued to individual Royts according to the nature of his rights in the land . Patta Mutation is made in Pahanies and possession is recorded in his name .