Regarding Land Revenue Court
Querist :
Anonymous
(Querist) 24 February 2009
This query is : Resolved
I will be highly oblidged and thankful to you for sending me your valuable advice/opinion, I am in need of your valuable opinion once again in the same case ,which we discussed earlier i.e-
Yr 1979 ,we purchased the two properties,(1) a residential Building and ,(2) a open plot with a small industrail shed in it,. We did two seperate Registries for both the properties.
Yr 1985,we got muted open plot with small industrail shed in our name in Land Revenue Records of our place.
yr, 2005 WE got muted Residential building in our name, in which we are staying since from its purchase and had our name transferrred in Muncipal and Electricity Dept,since after its purchase i.e from Yr 1979.
Now OUR PROBLEM-
The Registry of Residential Building is in name of 6 joint owners and we got muted in their name in Yr. 2005,in month March.
The Seller got cancelled our above Mutation order in Nov 2005,without challenging the Original Registry ,on some techinical grounds such as why we muted after so long and after a approx 25 yrs of its Registry etc.. The seller got cancellation order without making us party in the case,I mean they through illelegal setting with court machkuri got that we are not accepting the Notices and thus got Ex-Parte order against us.One point is here that they got undelivered notice in name of only 5 joint purchasers and got order in their names and not in the name of 6th joint owner.Thus they got cancellation order in name of only 5 joint members and order was not against 6 th joint owner.
WE challenged the case immediate,after getting in our knowlwedge and the case is going on Revenue dept.since end of yr 2005.
I want to know ,what is Rights of 6 th joint owner?
Can they now get order against 6 th joint owner? what is the time limitation to challenge the mutation in Land Revenue Records?
Can 6 th owner again get his name registered in Land revenue Records,as there was no Cancellation Order against Him?
Can they challenge the Mutation order got by us in Yr 1985 in the same manner ,as they did for our Mutation order of Yr 2005? We filed Caveat in Land Revenue Record,on such expectation that they again can get order without hearing us,for which we gave notices by Registered post ,but there we received reply from Postal Dept. that they are not accepting the post,even after going many times to their place?
Later they simply ,with the help of Revenue Dept staff got removed our B1 of Yr 1985,mutation ,from land Revenue Records illegally ,by hiding the B-1 book of that time and in the latest Record of Dept,they are having the whole property in their name.We have all the Original copy and truely certified copy of the order of Yr 1985.
What we can do for getting back name in Land Revenue Records for our mutation of Yr.1985 ?
We will be very oblidged in getting your valuable advice again.
Thanking You Sirs,
Yours faithfully,
Sanjay chandak,
contact n0- 09300061575
PALNITKAR V.V.
(Expert) 24 February 2009
In which state the properties situate. Because it depends on the local land revenue laws.
sanjeev murthy desai
(Expert) 24 February 2009
Dear sanjay,
Revenue documents are not a title documents of the property which are purchased under the sale deeds.
File a appeal against the earlier order before competent authority. If you will get the order in favour of you will getting back in land revenue records.
6 joint owner has 1/6th share in the above two properties.
sanjeev desai
A. A. JOSE
(Expert) 24 February 2009
I agree with Mr.Sanjeev
AEJAZ AHMED
(Expert) 24 February 2009
DEAR SANJAY CHANDAK,
Rightly said by Mr. Sanjay Desai;
Mutatuion Proceedings issued by either REVENUE AUTHORITES or the MUNICIPAL AUTHRITIES can be considere as 'TITLE OF THE OWNER'
So, as per me, with concerned to facts of your case you are having Two(2) remedies:
FIRST : -
All of the Six(6) Joint Owners can File a separate "SUIT FOR DECLERATION" before the competent Civil Court, on both issues Residential as well Open Plot (on the following among gounds)
SECOND :-
With Concernd to Open Plot:-
(a) As you got mutated your names in the Revenue Records itself in the year 1985, enjoying the same by possessing the Plot/Plot on your name since more than 20 Years, having the Certified copies of 'Mutation Proceeding' got issued by the Revenue Authorities on your name.
And now the latest Record showing the Orignal Owners name only, and your names are illegally deleted by the Revenue Authorites/B-1.
Then You can File a Writ Petition before the Hon'le High Court of Your state, and seek favourable direction against the Revenue Authorites as well the Alleged persons.
With Concerned to Residential House:-
(b) As you all got Mutated the Residential House, when-ever it may be either 25 years of purchase or after any time period, when once your name are entered in the 'Municipala Records' and the Property in question is in the possession of you all since more than 22 years, By paying Municipal Property Tax to the concerned Authorites, By possession on the premises, By residing in the said premises, so, you all can directly move High Court by filing Writ Petitions against the "Municipal Authority" by challenging the Cancellation Orders and any presents orders.
PALNITKAR V.V.
(Expert) 24 February 2009
Well the general principles quoted by learned experts are right. But if you state which state law is applicable to you a better and concrete reply is possible.
Querist :
Anonymous
(Querist) 25 February 2009
Respected Sirs,
I stay and the property is in Raipur ,capital city of state Chhattisgarh.
Sir,if the Cancelltion order is not against a member out of six members in whose name Purchase Documents and mutation was there,,cant he get his name again in Land Revenue records as against him there was no cancellation order and it is more than three years elapsed the seller got the cancellation order? can they challenge again ?
PALNITKAR V.V.
(Expert) 25 February 2009
To get rid of all these things is to file a suit for declaration of title, confirmation of possession. Once you get the decree the revenue authorities are bound to restore the names as per the decree.
Jithendra.H.J
(Expert) 25 February 2009
file a suit for declaraion and injunction
no need to ask for confirmation of the possession, the court passes the decree of declaration if the plaintiff is in possession.
Abhishek
(Expert) 26 February 2009
Mr. Ahmed has valid points...
Querist :
Anonymous
(Querist) 28 February 2009
sir,
I have filed suit for injunction and declaration.But the seller is taking the case lenghty.The case is running in court,where we filed on them from jan 2006.
The seller are trying to resale the property taking benefit of mutation in their name,so i was asking you about my mutation in land revenue court in raipur City.Please suggest me.
Kamlesh soni
(Expert) 02 March 2009
Well the general principles quoted by learned experts are right.
