Mutation
Arvind Singh Chauhan
(Querist) 14 July 2016
This query is : Resolved
Property has been muted in UP. Now after two years, relative has approached to tehsildar for cancellation of mutation. Sir whether tehsildar has power to cancel such mutation which has muted according to law two years back.
Guest
(Expert) 14 July 2016
Mr. Arvind,
When you say property mutated according to law, you being also a lawyer having 10 years of practice, what is your specific doubt, please clarify?
Also, if it is real problem, please give necessary case history of the case.
Rajendra K Goyal
(Expert) 15 July 2016
Why Tehsildar want to cancel the mutation?
Please state material facts of the problem.
Arvind Singh Chauhan
(Querist) 16 July 2016
Sir thanks a lot !
After the death of widow, property has been muted by Lekhpal, in the name of her married daughter, two years before.
Now the step sons of that widow have applied before tehsildar, for cancellation of that mutation and praying for mutation in their name.
Son is not defined in UPZALR act but, according to decided cases, son means only adopted and natural son and does not include step son. Widow had no real son but only natural married daughter.
Sir whether Tehsildar has power to cancel mutation, which has been done two years before, after due inquiry by revenue authority ? I couldn't get specific provision or law in this regard.
Guest
(Expert) 16 July 2016
What action the tehsildar has proposed to take on the application of step sons and since when that application is pending before the tehsildar? Please give history of the case in chronological order.
