Land Mutation
dinesh kumar
(Querist) 07 August 2018
This query is : Resolved
I have purchased a land with rgistered deed from a person having his original sale deed of 1985-1986 & having the mutation receipts since inception from till today & having possession on the said land.After sale ,some one has come with a nakal copy of sale deed of 12/04/1952 without any mutated receipt & stop my construction work by showing the deed.what should I do. Can mutation can be cancel after 40 yrs.Land is in bihar
K Rajasekharan
(Expert) 07 August 2018
If you have the sale deed in your name, done the process of mutation and paid the land tax along with holding the possession of the land, then you are the owner of the land by all means.
If somebody else has a claim on the property, the only way for him to recover the claim is to file a civil case against you and get a decree in his favour. Obstructing the construction work by force is an exercise of muscle power and using the police is the only way to deal with it.
If he is obstructing your construction work, your way out is to approach the police for protecting your peaceful enjoyment of the property. The police have no authority to settle a property dispute. In case, they are reluctant to help you, you can file a civil case for getting an injunction to prevent him from entering your plot or obstructing the work going on there.
If you have ability to pay the expenses you can get a police protection order from the High Court even.
Dr J C Vashista
(Expert) 08 August 2018
The other person who is stopping you must be having some document and strength in his perception, show the documents to a local prudent lawyer for appreciation, analyses, opinion and advise.
If he (other person) do not hold ground report the matter to police and file a suit for declaration qua the document held with him as null and void. You can also seek damages.
Engage a prudent local lawyer.
Dr J C Vashista
(Expert) 08 August 2018
I endorse the expert advise of Mr. K Rajashekaran.
Kumar Doab
(Expert) 09 August 2018
'Buyer Beware' applies to property deals.
It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.
This may cost some FEE but can defend long term interest and hard earned monies.
Kumar Doab
(Expert) 09 August 2018
If there is Nakal (copy) then there should be Asal (Original).
Try to get mutation records with all link docs from concerned revenue office/official.
The person cannot order you to stop or vacate.
The jurisdictional courts can.
Approach the seller also.
Kumar Doab
(Expert) 09 August 2018
Or approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..with whom you may share inputs /show the documents/evidence for a considered opinion..
At each location three are some counsels that specialize in such matters and they are well known.
Check for such counsels at LOCAL O/o Tehsildar, civil courts, HC, SC……
dinesh kumar
(Querist) 28 March 2020
RESPECTED SIR,
HEARTY THANKS FOR GIVING ME YOUR VALUABLE SUGGESTIONS.NOW MY PURCHASED LAND HAS ALREADY MUTATED ON 06/04/2019 & I HAVE GOT THE LAND POSSESSION CERTIFICATE WITH MAPI REPORT DONE BY C.O OFFICE. IN THE COURSE OF TIME ,I HAVE ALSO BEEN ABLE TO GET THE CERTIFICATE FROM REGISTRAR FOR NOT ISSUING THE MENTION FAKE DEED BY HIS END ALONG WITH TREASURY OFFICER REPORT THAT THE SAID FAKE DEED STAMP PAPER HAS SOLD ON 16/07/2017 TO STAMP VENDER & THAT STAMP VENDER HAS SOLD IT ON 29/01/2018 WHEREAS THE SHOWING CERTIFIED FAKE DEED DATE IS 29/01/2008.NOW OPPONENT HAS ABLE TO TO CONVINCE THE ADM REVENUE OR ABLE TO GET THEIR SUPPORT BY GIVING HIM BRIBE FOR PASS THE ORDER AGAINST ME.NOW THE ADM HAS TOLD ME THAT YOUR LAND IS NOT IN SEQUENCE BY KHATIYAN. PROVE ALL THE TRANSACTION FROM KHATIYAN. HOW IT COMES FROM KHATIYAN TO YOU.I AVE PURCHASED THE LAND TO SEE THE MUTATION 7 POSSESSION ON LAND ONLY DUE TO LAKE OF KNOWLEDGE. I AM NOT ABLE TO PROVE THE SEQUENCE DUE TO A VERY LONG PERIOD HAS GONE.LAST KHATIYAN PUBLISHED YEAR WAS 1909.PAST DEED HAS ONLY MENTION THAT THE LAND IS PATERNAL PROPERTY( MAURUSHI) BUT MUTATION WAS GOING ON SINCE ITS INCEPTION BUT MUTAION RECORD IN ANCHAL OFFICE IS NOT AVAILABLE . PL. SUGGEST WHAT I HAVE TO DO IN PRESENT SITUATION. CASE IS ON ORDER.BUT ORDER HAS NOT PASSED AS YET.
Rajendra K Goyal
(Expert) 28 March 2020
There seem some mistake mentioning 1909.
You can put your available record before ADM and inform that prior record is not available. If case is decided against you, go for appeal.
For forgery in stamp papers, try to lodge FIR, if no success, file direct case with the Magistrate u/s 156(3) Cr. P C.
