Mutation entry challenged after 40 year
Dr.Gaurang N. Gandhi
(Querist) 05 November 2014
This query is : Resolved
Dear Experts,
"A" a Muslim has two children 'P' son and 'Q' Daughter.
in 1964 'A' Died and his wife died long before.
So after death of A- P and Q only are the legal heir.
in 1974 P made an application to enter his name in all properties of his father A. And he became the only owner of all properties of his father by mutation entry number 367.
'Q' is illiterate and has no knowledge about this. she Died in 2001 leaving three daughters XYZ and one son C .
in 2003 P died and his wife M became the only owner of all properties because they have no child.
In her application the pedigree shows that P and M had no child.
Now a lady R make an application to Mamlatdar that she is the adopted daughter of P M. the Adoption procedure has been done 40 years before. and along with that she bring a copy of will (may be forged) with thumb impression of M, indicates that R is adopted daughter of P& M so Mamalatdar agreed and mutated the entry in favour of R.
XYZ and C had challenged the mutation entry in assistant collector he succeed but Collector reversed the order of assistant collector.
Here R filed a civil a declaratory suit to become absolute owner of the properties.
Now question is that, after 40 years passed, can XYZ and C can challenge the mutation entry number 367 in which P excluded Q?
Advocate Ravinder
(Expert) 06 November 2014
Since P has entered his name into the revenue records and Q had not objected, P had got title by adverse possession. When the name of P is recorded in revenue records more than 12 years, P will get adverse possession. Legal heirs of Q can challenge the title of P, but only 50% chances are there. Legal heirs of Q have to convince the court that they have no knowledge of entering the name of P in the revenue records.
Coming to adoption, in muslim law there no concept of adoption. But once the P get title, being the wife, M can gift her property to R. Since the property matters (especially muslim law) are very complicated, it is not possible to explain everything here. You better contact me ravinder2345@gmail.com or 7893011777 with some relavant documents through attachment.
T. Kalaiselvan, Advocate
(Expert) 08 November 2014
There is no adoption as per Muslim Personal law, though a Muslim can adopt as per the general law as per the latest supreme court judgement. Thus the adoption in question is under suspicion and cannot be held as valid, therefore on the basis of of P and M dying intestate leaving behind no children of their own to succeed their property, the other close relatives, i.e., the children xyz can claim the property as surviving successors. Though the Muslim law of inheritance is little complicated, a declaration suit to confirm the title will give remedy and relief.
