Mutation advice
AJAY
(Querist) 05 December 2014
This query is : Resolved
SIR/MADAM,
I WANT TO STATE THAT I PURCHASED A PIECE OF LAND, WHICH IS DULY REGISTERED IN MY FAVOUR, BUT \'MUTATION\" OF THE SAID LAND IS IN ABEYANCE BECAUSE THE SISTER (WHO ARE MUSLIM BY RELIGION) CLAMING HER SHARE (NOT IN MY LAND) IN HER FATHER\'S LANDED PROPERTY WHERE AS THE INHERITANCE MUTATION IS SANCTIONED IN FAVOUR OF SONS ONLY AND THE CASE OF TOTAL LAND IS PENDING BEFORE THE \"DIVISIONAL COMMISSIONER COURT\" SINCE 2008(BY THE LAND SELLER WHO SOLD THE LAND TO ME), WHERE AS I HAVE PURCHASE LAND DURING THE YEAR 2012. ONCE THE TITLE DEED (REGISTRY) IS POSSIBLE DURING THE PENDING CASE THEN WHY THE \"MUTATION\" IS BEING DENIED IN MY FAVOUR ?
EVEN IF THE LANDED PROPERTY IS DIVIDED EQUALLY TO ALL THE SHARE HOLDERS INCLUDING THE SISTER OF THE LAND SELLER THE SHARE OF THE PERSON (FROM WHOM I PURCHASED THE LAND) SHALL REMAIN MUCH MORE THEN THE PIECE OF THE LAND SOLD TO ME.
MY QUERIES ARE HOW TO GET THE \"MUTATION\" IN MY FAVOUR OF THE LAND PURCHASED BY ME WHICH IS DULY REGISTERED IN MY FAVOUR, KINDLY ADVICE ME.
(REGARDS)
Devajyoti Barman
(Expert) 06 December 2014
You can file a writ petition in high court for direction upon the municipal authority to mutate the land in your name.
P. Venu
(Expert) 06 December 2014
'Land & Land Revenue' is a State subject. Each State has different norms.
R.K Nanda
(Expert) 06 December 2014
file writ petition in high court.
Rajendra K Goyal
(Expert) 06 December 2014
If revenue authorities are not sanctioning mutation in your favor, apply to higher authorities for directions to revenue authorities.
malipeddi jaggarao
(Expert) 06 December 2014
The inheritance mutation in favour of the sons might be prior to the claim lodged by the daughter and until and unless a decision is taken on that issue the revenue authorities/revenue authaorities will not mutate the property in the name of buyers subsequent to the claim. You should have exercised caution while purchasing the property. What does the seller say about this? He has to push up the things for early decision on the counter claim. If he is not co-operative, you will have to file writ in the High Court making both the Muncipal/Revenue authorities and the seller as respondents. Contact a local advocate.
Anirudh
(Expert) 06 December 2014
Dear Mr. Ajay,
You agree that the legal heirs of the deceased Muslim are entitled to inheritance.
Even according to you, the property has been mutated only in the name of the sons, leaving out the daughter(s). That means, the mutation done by the revenue authorities are invalid, especially when it does not take into account the inheritance rights of the daughter.
Therefore, first the property of the deceased to be mutated in favour of all the legal heirs (of course their respective share may differ.).
Once this is done, then the legal heirs have to get the property partitioned by metes and bounds amongst themselves.
ONLY THEN A PERSON CAN KNOW WHICH PORTION OF THE PROPERTY BELONGS TO HIM (not the share but the specific portion). Without knowing this, how can anyone sell the property? Without knowing this how any mutation can be done in your favour? (In other words, which portion will be mutated in your favour?)
You yourself are also saying that the piece of land sold to you is much more than the share that will fall to the share of the sellers. That makes the things further complicated. Even assuming that you need not want any particular portion to be mutated in your name, but only a particular share in the property, but how to know what is your share?
ajay sethi
(Expert) 06 December 2014
agree with MR Anirudh
AJAY
(Querist) 06 December 2014
THANKS TO ALL.
T. Kalaiselvan, Advocate
(Expert) 10 December 2014
Instead of thanking all the author may give his reply or opinion to the doubts and query raised by expert Mr. Anirudh on the subject query which appears to be justifiable. Infact the reply what you give to the queries raised will be the answer for your own query as well.
