False mutation entry is corrected in sdo revision
Suhas Sambhal
(Querist) 15 August 2014
This query is : Resolved
Dear Sir,
Please guide me in a matter as per below:
My deceased Grandfather have four sons No 1,2,3,and 4. Number 2 and 4 is deceased and i am son of No 2.
In a **** situated maharashtra village place Grand-grand fathers ancestral land property, Number 1 have submitted bogus application at Talathi office with the name of his father (my grand father) on 17/8/94 (Mutation Entry) but who actually died on 09/07/94.[MUTATION ENTRY ON APPLICATION OF A PERSON WHO ACTUALLY DEAD AT THE TIME OF FILING AN APPLICATION].Aforesaid land is sold by number 1 for his personal benefit in year 2008.
After the inquiry held by Collector with my application and followed with an order to carry revision of mutation entry, SDO HAS CANCELLED THIS ILLEGAL MUTATION ENTRY IN REVISION UNDERGONE WITH AN ORDER IN JUNE 2014. and record of right is corrected with legal heir of No 1,2,3,and 4.COUPLE DAYS BEFORE.
Meanwhile i have had filed partition suit in 2011 including with all other properties and Purchaser of aforesaid land is the party as respondent.
NOW MY PROBLEM IS THAT HOWTO ACQUIRE PHYSICALLY THIS LAND BECAUSE NOW LEGAL ENTRY IN ROR HAS BEEN TAKEN UP NOW.
AND WHAT IS THE PROCEDURE TO FOLLOW
PLEASE GUIDE ME CORRECTLY.
I WILL BE HIGHLY OBLIGED.
Thanking You,
makarand
makaranddavkhare@hotmail.com
ROHIT SHARMA
(Expert) 16 August 2014
Dear Mr.Makarand,
1. The Collector has powers to order the police to assist you take the physical possession of such property. Make an application to the District Collector.
Y V Vishweshwar Rao
(Expert) 16 August 2014
1- The Mutation is cancelled and the property is recorded in the name of Parties 1,2,3 4 ( Your father , and uncles /or /their legal heirs .
2- Your Suit for Partition is pending disposal
3- Your share to be declared and divided in Your Partition suit.The Property with which the purchaser is concerned is already party to the Partition suit. The said Purchaser is bound by the Partition decree being obtained in his presence as party to suit
4- Obtain the preliminary Partition decree
5- Apply for Final decree for Partition of properties including the said sold and purchased property, with metes and bounds
6- You can submit that the said Property sold by No;-1 to his purchaser- party to suit , may be allotted to his share of Party No;-1 /or/ his legal heirs, it is common issue in all Partition suits and the property sold by one share holder will be allotted to the said share Holder along with his purchaser- The same will be accounted in his /No;-1 share - not in the share of other share holders
6- You may contact local advocate in this regard, who can apply local Revenue Law as applicable and help you how to claim your share in other clear properties where there are no hurdles of such third party purchaser/s
Sri Vijayan.A
(Expert) 17 August 2014
I endorse advises above.
Mr.Makarand may follow advice 1 of Mr.Rohit and 6 of Mr.YVV Rao
T. Kalaiselvan, Advocate
(Expert) 21 August 2014
Agreed with experts above, you may contact your advocate, discuss the issues and proceed as per his further advise.
