Mutation of land
ANIL KUMAR PARIDA
(Querist) 26 October 2013
This query is : Resolved
Dear Sir,
Pl. give me a solution to my confusion as follows:
- My builder has purchased a land from another pvt. party and duly registered but not mutated till date. Now my builder wants to sell me a part of his land as sub plot, against e-registration process in Orissa.
In this case, shall I directly go for mutation after registration?
If so, then whether mutation will be done in between me and the pvt. party from whom my builder has purchased the land?
Will there be any legal difficulty arising in future?
Can I go for bank loan(House Building) just after sale deed of the land?
prabhakar singh
(Expert) 26 October 2013
You need to proceed as follows:
1)Find out that seller of land to builder is not a SC/ST by cast.
2)Also that his title is clean tracing source of origin.Inspect registry records for past thirty years at least to know encumbrances if any .
3)That transfer made does not contravene any provision of local land law.
4)Ask builder to get mutated his name in record of rights.
5)Ascertain that a sub part sale is not prohibited by any local land law contemplating fragmentation.
5)Construction would be permissible;
AND TO DO ALL THIS GET SERVICES OF A LAWYER
AND HAVE A PROPERTY REPORT FROM HIM.
DOING ALL THIS MAKE YOU SAFE AND BONA FIDE
PURCHASER FOR VALUE.
ajay sethi
(Expert) 26 October 2013
agree with prabhakarsinghji
Rajendra K Goyal
(Expert) 26 October 2013
Well advised by the expert prabhakar singh ji, nothing more to add.
Raj Kumar Makkad
(Expert) 27 October 2013
It shall be better to first insist upon the builder to get the mutation of that chunk of land in his name so that you may subsequently purchase it from builder. If he is not ready for that then you should insist to get a direct agreement from the land owner and thereafter to get direct registration of sale-deed from him.
ANIL KUMAR PARIDA
(Querist) 03 November 2013
Thank you Sir for spending your valuable time and also for your well judged solution.
But I may want to know from you about the suggested agreement between me and land owner. What type of agreement is to be held at this stage? Whether the agreement is to be held between the builder who already have sale deed against him or with the previous land owner from whom the builder has purchased the land?
Thanks & Regards
Anil Kumar Parida/ Kolkata
Rajat Bindal 09917149977
(Expert) 07 November 2013
I wish to add...if the land is agricultural the mutation can take effect but if land is declared Abadi or is otherwise declared as non agricultural, the mutation cannot take effect. Moreover mutation do not vest ownership rights. The ownership rights comes through valid sale deed in accordance with law.
Moreover, if a sale deed is executed and if it is not void due to implication of any local law then the seller had already gtransferred his right and is left with no title to transfer.
Subject to above I agree with Prabhakar Singh ji.....
