Mutation of property under litigation
Querist :
Anonymous
(Querist) 19 June 2024
This query is : Resolved
I had purchased a duplex from a builder, registry completed. But before project completion and possesion in 2015, the builder defaulted and the matter went in court and still pending. Now 2024, I had taken possession with the terms to complete the remaining construction and I have sold this property to the other party, after providing complete details on the court case against the company.
Since the builder’s all property (including this one) is attached in the court, will I be able to apply for mutation process on this the said property.
Isaac Gabriel
(Expert) 19 June 2024
Since you have sold the property your efforts to mutate the same is not advisable.
T. Kalaiselvan, Advocate
(Expert) 19 June 2024
If my guess is correct, the builder would not have executed a registered sale deed to your name, you might have had a registered sale agreement alone on your name because the court has attached the entire properties without giving a concern about the said being sold by a registered sale deed to you, especially if you are not a party to the ongoing suit.
However you have stated that you have again sold the property to a third person during the pending litigation, which itself is invalid.
How did you sell the property, whether by executing a registered sale deed or just like that by an unregistered sale agreement?
Basically, you cannot apply for mutation of property which is not on your name, hence the information you have furnished here contradicts to each other, you may better revert with proper details so that you can get proper opinion to all your problems.
Querist :
Anonymous
(Querist) 19 June 2024
I had the registered sale deed which was done right at the time of buying the property in 2012. The person I had sold the property has also completed the registry process and has borrow bank loan on the same. I have also completed the property tax payments till last year ending 31st March 2024…..Although the property is defect free… just that I am not sure if I am suppose to go for mutation or should the new buyer apply for the mutation. Please advise.
kavksatyanarayana
(Expert) 19 June 2024
No. Without completion of the project how did you get registration of the flat? And the property is in court and the information knows to the Sub Registrar he could not entertain the registration. The position stands thus, mutation cannot be done.
T. Kalaiselvan, Advocate
(Expert) 20 June 2024
The querist is contradicting his statements to the existing facts, let him come out with the actual facts without which he will get misguiding opinions only
