judgement in premption
chander hass
(Querist) 23 October 2010
This query is : Resolved
respected experts
if a judgment in premption passed in favour of any person but he did not got enter mutation on the basis of the abovesaid judgment within 12 years, whether he can claim ownership of the property on today?
Devajyoti Barman
(Expert) 23 October 2010
The mutation does not make any bearing on the title of the property. If the property in question is not adversely possessed by any third party then it is still very much your own.
Raj Kumar Makkad
(Expert) 23 October 2010
Decree of preemption should be got executed within 12 years of its passing otherwise decree-holder cannot take any benefit out of such decree and it shall become a futile excercise after lapse of time.
s.subramanian
(Expert) 24 October 2010
I agree with Mr.Makkad. The decree is time barred and futile.
Parveen Kr. Aggarwal
(Expert) 25 October 2010
A decree of Pre-emption is not executed merely by entry in mutation records but symbolical possession is to be got delivered through the process of the court. In case the amount of pre-emption determined by the court is deposited by the plaintiff and symbolical possession in purusance thereof is got delivered to him by the court then even if mutation of the decree is not entered, it will not affect the decree in any manner. Mutation can be sanctioned at any point of time and the plainitff cannot be precluded from claiming his ownership over the property.
