How to cancel mutation of land
B@75BHAIBABU
(Querist) 11 November 2012
This query is : Resolved
we are four brothers.a partition suit case has been filed in the year 2011 on one land over which house is present(between me and one of my brother).after partition suit case is filed in court, in 2012 my brother mutated his portion of that land from blro office.at the time of mutation i was not informed by blro office or by my brother at the time of mutation.then showing that mutation ,he issued a seperate holding no in his name from municipality office.municipality office is saying that by seeing mutation they have issued holding number.now is it possible to cancel the mutation of my brother portion,since it has been done while partition suit case is still in court.what is the procedure to cancel that mutation
prabhakar singh
(Expert) 11 November 2012
Move an application to set aside the order stating all facts about the pending suit which your brother concealed and played fraud on authorities in obtaining the order behind
you. Array your brother as party in your case.
Otherwise also order is not tenable in law as it was passed exparte that too during pendency of a partition suit.
B@75BHAIBABU
(Querist) 12 November 2012
yes partition suit case is still pending in court
Devajyoti Barman
(Expert) 12 November 2012
If the suit is decreed in your favour then on the basis of decree you can always alter the mutation certificate.
However to be in safer side apply for amendment of prayer to include this subsequent event.
ajay sethi
(Expert) 12 November 2012
agree with prbahakar singhji .
Raj Kumar Makkad
(Expert) 14 November 2012
I have also the similar opinion as of Prabhakar Singh.
