Mutation of entries after 13 years of decree
Adv Vikramsinh Mohite
(Querist) 28 September 2012
This query is : Resolved
Respected Seniors/Friends,
I request your advise on the following:
1. Our grandmother has 3 acres land in her name. In August 1999, Court passed decree dividing property into 4 brothers on the joint application of all the family members. Each was given possession of the property.
2. After decree, I tried for mutation but one of the uncles resisted. I gave up afterwards as all were of the view that mutation will not be done till grandparents are alive.
3. But over the last 4-5 years, one of the uncles borrowed loan on the said property by forcibly taking signature of grandmother.
My query is
1. Can we get the mutation of entry done in 7/12 on the basis of that decree
2. what will happen to the loan taken after the decree which is used by one of the uncles for building house
3. Will the loan pass on to all the owners. What is the remedy available to other family members.
4. Can we file criminal case on my uncle who has utilised the loan.
Thanks
adv. rajeev ( rajoo )
(Expert) 28 September 2012
File an application before the concerned officer to make a mutation entry on the basis of the decree. Where there is court decree officer cannot deny it.
Rajeev Kumar
(Expert) 28 September 2012
You can mutate your share which was given to you. The loan will be recovere from your uncle share.
JANAK RAJ VATSA
(Expert) 28 September 2012
the beneficiary of the loan is your uncle and therefore his share gets effected
prabhakar singh
(Expert) 29 September 2012
mutation can be moved on the basis of decree but if the decree of partition was not registered it is a legal defect in the decree.
As regards to loan debtors share is under burden but if debt exceeds than his share then others share is also affected as guarantor is mother.
You state "forcible signature" obtained 4 to 5 years before.
Why action was not taken then and there?
At present not the plea of coercion but plea of some fraud disclosed now can have some role in the matter.
